The agreement on sharing the property of spouses is a voluntary document, and its conclusion between the husband and wife (even if they are already former) is possible only with the mutual consent of both. Only a married couple who can peacefully agree on who and what property will belong alone, it is advisable to draw up and sign such a document. Drawing up a voluntary agreement saves the spouses from the need to address the issue of sharing together the acquired property in court and long delays before making a decision.
In addition, the agreement does not necessarily strictly follow the rule of an equal division of the property of the spouses, when all the acquired must be divided equally. You can divide everything in the way that both of them will.
When to enter into an agreement
At what point in the family life (or even after its termination), the spouses should puzzle themselves with the issue of sharing what they have jointly acquired, to decide only by themselves. The agreements on division can be concluded: in the context of family life, at the same time as resolving the issue of divorce, already after the dissolution of the family union. Each married couple must decide for themselves whether it is time for their family to share the common good. And the law does not prohibit making an agreement at any stage of the family union. It is impossible to make it until the conclusion of a legal marriage, when there is nothing in common between the young couple and, consequently, there is nothing to divide. For the right Separation Agreement this is important.
The first document is drawn up and signed by the spouses; the second is made in court and given to the spouses for signature.
How the agreement is concluded
The way of drawing up and concluding an agreement on the sharing of joint property is rather simple and unsophisticated. The main requirement is that the document should be in writing. Spouses can compile it independently or seek help from a law firm. Of course, the document must be legally written, contain virtually and grammatically correct information, reflect the legal consequences of the fulfillment or non-fulfillment of its conditions. Another important requirement is that the agreement must be signed by both sides to confirm that both spouses agree with the conditions of the section set out in it. The entire process can be done through the Power of Attorney Form now.
Do I need to contact a notary?
The subject of many disputes is the question of whether mandatory notarization of a “separate” agreement is required. No, it is not required. It is enough that both spouses, having read and agreeing with all points of the document, will sign it. After that, it will have sufficient legal force of the contractual document, which it will be possible to challenge later only through the court. However, most legal experts still advise the parties to the agreement not to ignore the notary’s office and to certify it with the signature of the notary. The entire process can be done in Legal Forms.