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Tailoring Your Divorce Settlement Agreement

Famed Latin singer Marc Anthony has been spending a lot of time in court lately.  Between child custody and support issues and divorce issues, Mr. Anthony has a lot on his plate.  Most recently, it was reported that his divorce from Jennifer Lopez was finally officially finalized on Monday, June 162014.  One of the most newsworthy clauses in the divorce agreement is that the former couple agreed to use their “best efforts” to avoid unwanted publicity when it comes to their six-year old twins.

Additionally, another clause in the agreement indicates that Ms. Lopez receives primary custody of the children, while Mr. Anthony will have the children for seven days a month.  The catch is that when Mr. Anthony has the kids, the nannies must be present.  Also, each of the pop stars gets to take the kids trick-or-treating separately.

One may wonder why such specific clauses in a divorce agreement are necessary.  There are several reasons for this.  The couple may now be estranged for all intents and purposes, other than dealing with each other for the sake of the children.  There are many former couples who want all clauses, especially related to the children, to be as specific as possible so that no arguments ensue post-divorce.  By strategizing with your lawyer during the divorce process, you can include provisions to prevent anticipated disagreements and this in turn can save both parties a lot of potential aggravation, time spent in court and attorney fees.

For example, some grandparents may have houses that pose dangerous situations to the children involved in the divorce.  The grandparents may own dangerous animals, or their living environment is not conducive to having children visit.  For a couple facing that difficult situation, incorporating a clause in which the children cannot be taken to that grandparent’s home would be beneficial to ensure the safety and best interests of the children.

Divorce settlement agreements are an incredibly important part of the divorce process, and can serve to protect the husband, wife, and children in a myriad of different ways.  The clauses referenced above are not limited to the children in a divorce; there are several other clauses that pertain to couples with no children that either partner will want to enforce.  For instance, the partners in a marriage may agree that a community property home must be sold by a certain time, or that specific personal property is divided in a certain way as well.

Having an attorney who understands and guides you through the process is pertinent to a successful divorce settlement.  An experienced attorney will be able to efficiently assist you regarding what your requirements for the agreement may be.  If you are in a divorce proceeding and need assistance navigating the process, please contact Mr. Sanjay A. Paul, Esq., at (626) 325-0770