The Shortest Path to Resolving Immediate Issues in Divorce is through Mediation:
A traditional divorce most often takes years to wind its way through the courts. Whereas, it’s a given that you can mediate a Separation Agreement in months.
Mediation also has another Benefit: You can craft Partial Agreements right away that solve problems you want to deal with even before you’re ready to sign a Separation Agreement.
These partial agreements can then later be incorporated into your final Separation Agreement or they can be temporary, Interim agreements, and expire on a certain date.
But they all have one thing in common: They deal with an issue the couple feels must be handled immediately:
Partially Done! These are common partial agreements we’ve drafted or worked through – before all the terms of the Separation Agreement were arrived at:
- Leaving the House: Couples say, it’s impossible to live under that same roof any more! But they express concern about who should leave. Each party is especially worried that if he or she leaves, their custody rights will be affected.
- The Partial Agreement: After we’ve discussed the practicalities of who should leave the house, we help parents come up with a parenting plan to put into the Partial Agreement. We also include the clause that this shall not affect the parenting rights of the spouse who leaves.
- Some parties want this as only a temporary agreement, so they can judge if the plan works. It would then be drafted as an Interim Agreement, and expire on a given date. Others decide this Partial Agreement should be incorporated into the final Separation Agreement.
- Selling the House, the Timeshare, The Vacation House etc. A couple feels they must sell (or buy) a piece of property now!
- The Partial Agreement: We fully explore their feelings on the issues, and make sure one person doesn’t feel pressured to sell or purchase. We explore the larger financial implications of buying or selling before all the terms of the Separation Agreement have been finalized.
- Then we draft a Partial Agreement that deals only with the purchase or sale. In one case, a wife wanted to buy a home that would be hers after the Moncler outlet divorce. The Husband agreed to loan the Wife money that came from his brother. The Wife agreed to pay back the loan after the sale of the family home. Everyone was satisfied; the wife found just the right house; the husband was happy to forward the loan, ensuring his children had a place to live after the divorce. This Partial Agreement was incorporated into the Separation agreement.
- On a say so, you can agree to anything in the here and now: People want to deal immediately with maintenance, child custody, debt, the dog. Any issue that comes up in a mediation, a couple might feel needs to be immediately address – at least in the short term. Though there are formulas for child support and maintenance (that the you might end up in court, waiting for the judge to rule on) in mediation by the end of the session you can come to an oral agreement on anything, and keep this oral agreement in effect (or tinker with it if it needs tweaking) while you continue the mediation process.
When you absolutely have to have an agreement with your spouse now on an issue, one session in mediation might give you the temporary resolution you want until you come to definitive terms. Or one drafted Partial Agreement can settle a point you want resolved even before you’ve reached a mediated Separation Agreement in a matter of months.