In brief
A divorce settlement agreement is a written contract in which partners record the consequences of a divorce, such as the division of assets, agreements regarding the home, alimony, and a parenting plan.
- The agreement is submitted as an annex to the joint petition for divorce and forms part of the court order.
- The agreement records arrangements regarding the division of assets, the home, alimony, and pension equalization.
- When there are minor children, the parenting plan forms part of the agreement or is sent as a separate document.
- An agreement is only binding if it meets legal requirements and has been accepted by the court as part of the divorce decree.
- Depending on the circumstances, a lawyer can assist both partners with a joint petition, or each individually in the case of a unilateral petition.
What is a divorce settlement agreement?
A divorce settlement agreement is the written record of all arrangements made by partners during a divorce regarding the consequences of the divorce. The agreement is submitted to the court as part of the joint petition.
A joint petition cannot be filed without an agreement. The court assesses whether the arrangements in the agreement meet legal requirements, including those for the parenting plan and alimony.
Following the divorce decree, the arrangements in the agreement are binding. You can read more about the course of the procedure on the divorce procedure page.
What is included in a divorce settlement agreement?
The content varies per situation, but an agreement typically contains arrangements regarding the following subjects:
Assets and the home
Agreements regarding the division of assets: who receives which possessions, how debts are divided, and what happens to the joint home. If one of the partners remains in the home, the other is usually bought out based on a current appraisal.
Alimony
Agreements regarding spousal maintenance and child support: the amount, the duration, and the conditions for adjustment or termination. The amount of alimony depends on financial capacity and need.
Pension equalization
In a marriage of some duration, pension equalization applies in principle: the pension built up during the marriage is divided between the partners. Parties may make alternative arrangements regarding this in the agreement.
Parenting plan
When there are minor children, a parenting plan is mandatory. This plan contains agreements regarding custody, residence, care, and child support. The parenting plan forms part of the agreement or is submitted as a separate annex.
How is a divorce settlement agreement drafted?
Drafting an agreement typically involves the following steps:
- Inventory of assets, debts, pension rights, and the situation regarding any children.
- Consultation on the main points of the division and alimony.
- Drafting of the agreement by the lawyer, based on the arrangements made and the divorce procedure.
- Review and signing by both partners.
- Submission to the court as part of the joint petition.
In many cases, a lawyer guides both partners together through this process. In the event of fundamental disagreements, it is advisable for each to have their own lawyer.
Can an agreement be modified later?
Yes, an agreement can be modified after the divorce if circumstances change significantly. This applies particularly to alimony and arrangements in the parenting plan.
For asset arrangements that have already been executed, such as the transfer of the home, modification is generally no longer possible. Depending on the circumstances, a lawyer can assess whether and how an agreement can be adjusted.
Second opinion on an existing agreement
Have you received a draft agreement from your previous lawyer or mediator and would you like to have it reviewed? Simmelink Lawyers offers second opinions on agreements and divorce arrangements. A second legal look can reveal ambiguities before you sign.
Based on Real Cases
In one case, Simmelink Lawyers assisted two partners in drafting an agreement involving both a joint home and a business. The core issue was the valuation of the business and the question of how the buyout could be made financially feasible without endangering the continuity of the company. By mapping out the situation step by step, the parties were able to reach an agreement. Every situation requires its own assessment.
Written by Carla Simmelink, family law lawyer at Simmelink Lawyers.
Our Attorneys at Law
The Simmelink Lawyers team specializes in family law, International family law, and inheritance law.
The lawyers combine legal expertise with international experience.
Clients are guided by one dedicated lawyer who oversees the entire process and communicates discreetly.
A specialized lawyer is essential in complex financial situations or international components.
Our goal: legally correct, enforceable agreements that bring peace and clarity.
Carla Simmelink – Family Law Attorney, International Family Law and Inheritance Law
Family Law Attorney, International Family Law and Inheritance Law
Valerie Lingg – Family Law Attorney, International Family Law
Family Law Attorney, International Family Law
Eva Zaunbrecher-Boschloo – Family Law Attorney, International Family Law
Lawyer at Law (International) Family Law
Clients are guided by a dedicated lawyer who oversees the entire file and communicates discreetly.
Frequently Asked Questions
In the case of a joint petition, an agreement is mandatory: the court will not accept the petition without recorded arrangements regarding the consequences of the divorce. In a unilateral petition, an agreement is not mandatory, but it is often wise to record arrangements in writing to prevent later disputes.
In principle, an agreement can also be drafted without a lawyer, but a lawyer is required to file the petition with the court. Furthermore, the court assesses whether the arrangements in the agreement meet legal requirements. Depending on the circumstances, legal advice during drafting is strongly recommended, especially in complex financial situations or arrangements regarding children.
An agreement is valid as long as the arrangements therein are in force. Asset arrangements that have been executed, such as the transfer of the home, are final. Arrangements regarding alimony and the parenting plan can be modified if circumstances change significantly. Depending on the circumstances, a new court decision or a written agreement is required for this.
A joint petition requires the signatures of both partners. If a partner refuses to sign, a unilateral petition is the possible route. The court then decides on the points of dispute. Depending on the circumstances, a mediator can help to still reach an agreement.
The costs depend on the complexity of the situation, the number of subjects to be arranged, and the degree of agreement between the parties. A lawyer typically works on an hourly basis. During a consultation, your situation will be assessed and an indication of the expected time investment will be provided. This is general information, not individual legal advice.
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