A divorce settlement agreement, which becomes a Judgment and Decree, if arrived at by joint agreement, is a contract between you and your spouse that resolves the issues relating to your divorce. All issues relating to division of assets, parenting and custody, expense sharing, and child and/or spousal maintenance must be determined before your divorce can be finalized. Entering into a joint agreement helps you not only avoid potential litigation, but it can also keep your personal and financial details private. However, even if you are settling your case outside of court, it’s very wise to have an attorney draft the legal documents and ensure your interests are protected and private.

Can a Settlement Agreement Keep Your Finances Private?

If you’re attempting a do-it-yourself divorce, it’s important to be aware that the forms the court provides online do not keep your financial information private. Although measures can be taken to help ensure a certain level of protection for sensitive financial information, many documents and the Judgment & Decree become part of the public record and are generally accessible.

In addition, you will also need to file various “financial source documents” with the court — such as paystubs, tax returns, bank statements, and credit card statements, etc., if you and your spouse are using the traditional court system to resolve your issues. Although you can identify these as non-public documents, they are not entirely confidential. These documents can still be viewed by the court. By divorcing outside of court using mediation or the collaborative process — and having an attorney carefully craft your settlement agreement — you can limit what is filed and part of the public record and focus on the specific issues in your case.

Why Should You Have an Attorney Draft Your Divorce Settlement Agreement?

Although there is no law that specifies you must have an attorney draft your divorce settlement agreement, it is highly advisable to retain counsel to avoid pitfalls. Even if you and your spouse agree on all the issues that must be decided, an attorney can help ensure that the language in your agreement is properly constructed to protect your interests and avoid problems in the future. They can also make certain that all legal requirements are met and the agreement is enforceable. It is a fairly common thing for people who do a DIY divorce, including filling out the court-provided forms, to come to seek legal assistance after the divorce is final because things were not clearly drafted or not addressed in the Court documents. At that point, fixing the problem can be costly and difficult, unless both people agree on the path forward.

Every phrase that is used in a divorce agreement has a specific meaning and lasting consequences. By trying to draft a settlement yourself, you could leave serious issues unaddressed and not know what language to use to protect your interests. You don’t know what you don’t know. Having an attorney draft your settlement means the terms will be clear and reflect your intentions. This can help avoid the risk of future disputes that may arise from ambiguous language or poorly drafted provisions.

What are the Benefits of Having an Attorney Draft Your Divorce Settlement Agreement?

Your divorce settlement agreement isn’t simply a list of guidelines — it becomes a binding order that both spouses must abide by. If you or your spouse violates a provision of the agreement and one of you seeks enforcement of a term, the judge could hold the other person in contempt. Having an attorney draft the settlement can ensure the outcome of your divorce is equitable, clear, and they can keep some of the financial details out of the public documents in an age when so much is accessible by the public online.

There are many other advantages that come with having an attorney draft a divorce settlement agreement. Specifically, by having an attorney draft your agreement, you can:

• Minimize the risk of litigation — An attorney will know the provisions that should be included and the language that must be used to minimize the risk of litigation after your divorce has been finalized.
• Save time and money — You can rest assured knowing that you will save time and money by having done it correctly the first time, which would otherwise be spent on potential litigation or court hearings after the divorce.
• Identify possible issues — An attorney will know the types of issues that can arise if an agreement is not properly drafted. They can identify topics you might not have realized should be addressed.
• Reduce the potential for conflict — Working with an attorney can help reduce the conflict that could arise regarding vague terms or ambiguous provisions in the agreement.
• Ensure flexibility — An attorney will know the specific language that should be used to address future changes in circumstances and include provisions for modifications.
• Find creative solutions — You and your spouse can work with the attorney to find creative solutions that might not be available in the courtroom.
• Remain amicable with your spouse — When you have an attorney help you draft your divorce settlement agreement, they can help facilitate healthy communication and encourage you and your spouse to take a collaborative approach.
• Clear and concise agreement — An agreement that only relates to the issues that are specific to your matter, rather than pages of language in court forms that may not be applicable to you and create confusion.
• Privacy — By having an attorney draft your settlement, you can ensure that your financial matters and the details of your divorce you wish to remain confidential stay private.

In the event you and your spouse have already agreed upon the terms of your divorce, you may consider using “limited scope representation” to draft the agreement. Also referred to as “unbundled legal services,” this can be a good solution for couples who prefer to divorce without incurring the costs of full representation, but wish to have an attorney draft their settlement to ensure it is legally sound. Ethically, one attorney can not represent two people in a divorce, but one attorney can draft the documents as attorney for one, provide referrals to an attorney for the spouse, if requested, to make sure both people feel secure in the final agreement. Collaborative trained attorneys know how to work together to preserve a good ending while making sure things are done properly. And if children are involved, each having an attorney, even for the drafting stage, will mean you do not need to appear before the court for a default hearing and the matter can be administratively reviewed.

Contact an Experienced Minnesota Divorce Attorney

It’s crucial to have an attorney draft your divorce settlement to help ensure your finances are kept private, your rights are protected, and your agreement is enforceable. Louise Livesay has helped families in the Twin Cities resolve their divorce and family law disputes respectfully and peacefully outside the courtroom for over twenty years. If you would like to learn more about unbundled legal services, collaborative law, or mediation, please contact us online for a consultation or by calling (651) 344-6100. We are available to meet in person or via Zoom, regardless of where you are in Minnesota.