How to conclude a settlement agreement on the division of marital property and terminate the litigation?

Reconciliation is the best part of a quarrel. This maxim is often repeated in one form or another by various writers, philosophers, and psychologists.

There may be some truth in it, but if the matter is already about divorce, if former spouses are dividing property against the backdrop of a difficult emotional situation, it is difficult to talk about reconciliation.

And yet peace is possible even under such circumstances! Even if this is not the salvation of the family, and not the restoration of relationships, but an amicable agreement on the division of property of the spouses will help to avoid a huge number of problems and costs. When is such an agreement possible? How to draw up such a document? And why, in order to “make peace” in this way, you first need to “have a good fight”? We will find answers to all these questions in our legislation.

What is a settlement agreement when a couple divorces?

There are two types of divorce agreement:

• Classic agreement on divorce. It is drawn up between spouses in accordance with the norms of the RF IC, is subject to notarization, and does not require judicial approval.
• Settlement agreement upon divorce. In accordance with Article 153.8 of the Code of Civil Procedure of the Russian Federation, it must be approved by the court. It can be concluded by husband and wife at any stage of civil proceedings and during the execution of a judicial act.

A settlement agreement in case of divorce means an officially executed document and signed bilaterally (by husband and wife), which indicates the cessation of disputes between spouses during divorce as a result of mutually beneficial concessions. According to the law, divorcing parties have every right to do this (Article 24 of the RF IC), which is regulated by procedural rules for the protection of subjective rights.

Since a divorce settlement agreement is a civil contract subject to approval in court (Article 153.8 of the Code of Civil Procedure of the Russian Federation), civil norms are applicable to it. In particular, this concerns freedom and interpretation of the treaty. In the first case, the settlement agreement may contain any conditions that do not go against the law (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 06/07/2012 No. 247/12), drawn up on the basis of the rules governing reconciliation in divorce (Chapter 15 of the Arbitration Procedure Code of the Russian Federation “Conciliation procedures . Settlement agreement"). According to Art. 138, 139 and 140 of the Arbitration Procedure Code of the Russian Federation, such a document should not be drawn up under any conditions and list the methods of execution.

For your information

In essence, a divorce settlement agreement is a way to resolve differences voluntarily and does not imply continuation of the conflict.

Registration of an agreement in court

If the pre-trial procedure for resolving the dispute between husband and wife is impossible, then the interested spouse, or both of them, file a claim in court. As part of the claim proceedings, the husband or wife has the right to file counterclaims if they are related to the main claim.

At any stage of the proceedings in court, the spouses have the right to terminate the case by amicable agreement. An application for its approval must be submitted to the court in writing. The terms of the document must not violate the rights of spouses, common minor children and other persons.

The court explains to the spouses the consequences of approving such a document. By ruling on acceptance of the settlement agreement, the judge terminates the proceedings in the case. But the deadlines set for divorce must be respected. The decision on divorce is made by the court no earlier than 1 month after the spouses submit an application (with mutual agreement to terminate family and marital relations). The terms of the settlement agreement must be fulfilled by the spouses, including with the assistance of a bailiff.

Spouses also have the right to sign a notarized agreement on the division of common acquired property. It states:

• date and place of execution of the document (locality);
• information about the parties - full name, series and passport number;
• information about legal representatives - if they are also involved in the transaction;
• the procedure for transferring specific property to each party. The timing of the transfer or allocation of a share from a jointly acquired apartment and other real estate should be specified;
• expenses for registration of the agreement.

The document must be executed by a notary. The agreement may contain any information that the spouses consider necessary to indicate. It may also provide for compensation for the transfer of property to another party. The amount of material compensation must be indicated in digital and capital form.

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Potapova Svetlana

Lawyer

Spouses can agree on the place of residence of the children and the provision of financial support to them. The conditions and procedure for providing alimony can be fixed in a separate agreement, which must also be executed by a notary. The document can provide for payments to common children and a needy spouse. The alimony agreement has the force of an executive document. If it is properly executed, then the terms of the document are enforced during enforcement proceedings.

When is a settlement agreement drawn up upon divorce?

When to start drawing up a divorce agreement, each married couple decides individually. This can be done while you are officially in a relationship, at the stage of divorce or after it. The only thing is that the document cannot be drawn up before the official conclusion of the marriage. Since the couple has not earned anything yet, which means there is nothing yet to divide. In this case, it is recommended to conclude a marriage contract.

If an agreement on property rights and obligations is drawn up and signed by the parties independently with the involvement of a notary, and the divorce process is carried out through the registry office, then attending court is not mandatory.

According to Art. 24 of the RF IC, a classic divorce agreement may cover the following points:

1. The procedure for dividing acquired property.
2. The further place of residence of the common minor children, the schedule of communication with him and the principle of informing about his further joint upbringing.
3. Amount and principle of payment of alimony.
4. Distribution of remaining loan debts.
5. Other conditions.

Attention
The settlement agreement in accordance with Article 153.8 of the Code of Civil Procedure of the Russian Federation must be approved by the court without fail. It can be concluded by husband and wife at any stage of the civil process, from the moment the claim is filed in court and even during enforcement proceedings. In the event of litigation, spouses can attach to the documents a draft agreement drawn up independently (Article 23 of the RF IC), which will subsequently serve as a Settlement Agreement in case of divorce.

When and by whom is it concluded?

The conclusion of a Settlement Agreement is possible at any stage of legal proceedings , namely:

• from the moment of filing a claim for divorce in court until the start of the trial;
• directly at the meeting to consider the divorce case;
• when executing (preparing) a court decision.

The initiator of concluding a Settlement Agreement can be any of the parties (i.e., both the husband and wife). In addition, the court itself is interested and obliged to take maximum measures to conclude a settlement agreement during the process if it sees that the parties are morally ready to agree on all the most important aspects relating to their common children (clause 5 of Article 150 of the Code of Civil Procedure of the Russian Federation).

The judge is also obliged to explain to the spouses a special procedural consequence: when concluding a settlement agreement, repeated appeal to the court in a dispute between the same parties, about the same subject and on the same grounds is not allowed (Article 221 of the Code of Civil Procedure of the Russian Federation).

Normative base

The legal basis for concluding a settlement agreement in divorce proceedings is established by the norms of the Family Code and the provisions of the Code of Civil Procedure. Based on the provisions of Article 150, Part 5 of the Code of Civil Procedure, the judge must take appropriate measures to accept the document, carry out explanatory work and other conciliation procedures during the civil process.

If there are no contradictions regarding the children, parents can attach a draft agreement drawn up independently to the documents during the proceedings (Article 23 of the RF IC). In Art. 24 of the Family Code contains provisions in the event of disputes regarding the division of property where third parties and aggravating circumstances are involved (for example, the presence of a mortgage).

Property division by mutual agreement of the parties outside of court is regulated by Article 38 of the Family Code. Then the divorce agreements are written down in paper and certified by a notary. After which they come into force. If the case comes to court, then the submitted agreement is subject to approval and the proceedings are stopped (Articles 39, 173 and 220 of the Code of Civil Procedure).

How is it different from pre-trial?

Already from the wording of the term itself it is clear that a settlement agreement can only be concluded during legal proceedings . If the parties manage to reach an agreement without trial, they enter into a pre-trial agreement - in many ways a completely different document, regulated by different norms of law.

In other words,
to conclude a settlement agreement, the fact of judicial proceedings (opening a case) is necessary. For a pre-trial agreement, on the contrary, there should not be a trial - that is why, in fact, it is called pre-trial or out-of-court.

Documents for a settlement agreement in case of divorce

The law does not specify the package of documents required when drawing up a peace agreement in case of divorce. However, the need for them arises during the process of divorce and proper drafting of the text.

The list of documents that will be required when drawing up a settlement agreement during a divorce depends on the subject of the dispute. In particular, these are:

1. children's birth certificates;
2. certificates of income of the parent who is responsible for paying child support;
3. title papers for living space (applies to who the children will live with next).

The settlement agreement on the division of debts during a divorce is accompanied by copies of: passports, marriage certificates, contracts and extracts from a banking institution and other documentation confirming the existence of debts.

Document drafting basics

Art. 421 of the Civil Code of the Russian Federation establishes the principle of freedom of contract. This means that it is signed voluntarily by the parties and provisions are included in the document on a mutually beneficial basis. A settlement agreement is an agreement signed by spouses regarding property issues during a divorce. No one can force a husband or wife not to include the provisions they need in the contract, which are fully consistent with the law. This is the principle of freedom, which is observed when drawing up a settlement agreement.

Procedure for concluding a settlement agreement

The procedure for conclusion is regulated: the document is certified by a notary, which guarantees the legality of the transaction.

Conclusion nuances:

1. How to draw up a settlement agreement during a divorce? The law allows you to contact a lawyer during a divorce, during the process in court.
2. The document is signed by the husband and wife, which means voluntary consent to the division of jointly acquired property.
3. The capacity of the parties is certified by a notary, which involves minimizing the risk of challenging the document in the future.
4. The document has the force of a writ of execution if one of the parties, contrary to the prescribed provisions, evades execution of the transaction.
5. The agreement may regulate certain controversial issues regarding the division of property. The rest is resolved by the court during the trial.
6. The agreement begins from the moment it is certified by the court after visiting a notary, and ends with full compliance with the prescribed conditions.
7. The agreement is concluded between legally married spouses.

Settlement agreement for divorce and division of property

The division of jointly acquired property occurs in court if the spouses do not reach unanimity on this issue. At the same time, it should be taken into account that if the settlement agreement does not stipulate the distribution of shares between the spouses, then the court in case of divorce awards each person 50% (Part 1 of Article 39 of the Family Code). Good reasons allow deviation from this rule, which is approved in paragraph 2 of Art. 39 SK. These include:

1. infringement of the interests of minor children;
2. one of the spouses did not have income for a long period, and therefore did not invest in the general budget;
3. one of the couple spent common property to the detriment of the others.

When there are no compromises on this matter between the spouses when drawing up a settlement agreement, then, based on the norms of Article 38 of the Family Code (clause 3), the divorce court can, based on the wishes of the spouses, determine:

1. personal property of each and belonging to both equally;
2. a list of property to be transferred to each spouse;
3. the amount of compensation for one of the parties if its share is less.

In relation to property disputes, there is a statute of limitations - division through the court is possible within 3 years from the date of dissolution of the marriage. (Clause 7 of Article 38 of the UK).

A settlement agreement on the division of acquired property during a divorce is written on paper and contains the following information (Article 153.9 of the Code of Civil Procedure of the Russian Federation):

1. name of the court;
2. initials of the participants in the process;
3. date of compilation and place;
4. information on what matter a compromise was reached;
5. on what terms was the truce concluded;
6. a note about familiarization with information about the consequences;
7. signatures.

A sample settlement agreement regarding the division of property can be downloaded from the link here.

For your information

A pre-trial bilateral agreement is drawn up in a similar way. Only the word “World” is excluded from the title; the name of the judicial body and data about the case are not written in the document, since there is no legal proceedings.

How to draw up a settlement agreement on the division of marital property?

The parties must apply for the conclusion of a settlement agreement by submitting a written application to the court (clause 2 of Article 207 of the Code of Civil Procedure). Unfortunately, it is all about the drafting of this document that the law gives us.

However, in practice several rules apply:

1. The application must be in writing.
2. Both parties sign the agreement.
3. The document contains an indication of the subject of the dispute and the methods for resolving it that were agreed upon.

Let's look at the main parts of such a statement, which are most often used in its preparation:

Please note that the parties do not sign any documents called a Settlement Agreement. The parties sign a Statement with a request to conclude such an agreement .

Do I need to certify?

If “certification” means the action of a notary (as in some cases of an out-of-court agreement), then in a settlement agreement on the division of acquired property it is not required .
This agreement is recorded by the court; we will consider this approval procedure separately.

Settlement agreement for children

Often during a divorce, the question arises of who the children will live with and how their communication with their parents will occur in the future (if they have not reached the age of majority). Regardless of whether the spouses have unanimous consent on this matter or not, the guardianship service is involved in the matter (Article 78 of the Family Code).

If a compromise is not reached between the parents, then the court, when dissolving the marriage in a settlement agreement, decides with whom the minor family members will live and other aspects, based on Resolution of the Plenum of the Armed Forces of the Russian Federation of May 27, 1998 No. 10. When there are no disagreements among the divorcing parties, then it should be drawn up a bilateral document that concludes a dispute. Moreover, grandmothers, grandfathers and other relatives, along with mother and father, have the right to claim visits with children (Article 67 of the Family Code). If obstacles arise, they can also go to court to resolve the problem.

Attention

Decisions made by parents regarding the location and maintenance of a child may be rejected in court if they are contrary to the interests of the minor. Then the court will independently resolve this aspect (clause 2 of Article 24 of the Criminal Code).

Contents of a divorce settlement agreement:

1. The address where the child will live, indicating the parent.
2. The principle of further education and resolving issues related to education, treatment and other things.
3. Which parent will pay child support, indicating the terms and amount.
4. Schedule of meetings between the minor and the other parent.
5. Points regarding spending time together during the holidays.

Settlement agreement in case of divorce regarding children can be found here.

When can a settlement agreement be drawn up?

Clause 2 of Art. 207 of the Code of Civil Procedure allows the conclusion of a settlement agreement at any stage of the proceedings. That is, in the interval from the opening of the case to the issuance of a court decision, the parties can record such an agreement.
Every citizen who disagrees with the decision of the court of first instance has the right to appeal. If the decision has already entered into force, cassation proceedings may be opened. As soon as one of these processes is launched, the parties again have the opportunity to conclude a settlement agreement (Articles 373 and 408 of the Code of Civil Procedure).

Settlement agreement for divorce regarding alimony

Resolution of issues related to the payment of allowance for children is regulated by Chapter 16 of the RF IC, which outlines the requirements for the preparation of such documents. A classic agreement on the payment of alimony is subject to notarization and has the force of a writ of execution (Article 100 of the RF IC).

In case of divorce, a settlement agreement on alimony is certified in court and does not require notarial confirmation ( Article 153.8 of the Code of Civil Procedure of the Russian Federation).

A bilateral document for resolving a civil dispute regarding the assignment of alimony must contain the following:

1. Name of the judicial institution.
2. Information about the plaintiff and defendant.
3. Information about the case under consideration.
4. Amount of alimony (Articles 81 and 103 of the Criminal Code).
5. Method and procedure for payment of funds.

The law does not prohibit stipulating conditions in the agreement in case of indexation. If the amounts are not specified in the settlement agreement during a divorce, payments are recalculated in accordance with Article 117 of the RF IC.

When establishing the amount of alimony, they adhere to the norms of Article 81 of the Family Code, which specifies the permissible minimum - 1/4 of the income for one child and 1/3 for two and not less than 50% for three or more.

A sample of a classic alimony agreement is available.

A sample settlement agreement on the payment of alimony is available.

Settlement Agreement Form

In accordance with the law, the form of the settlement agreement must be written. The text indicates a list of issues being considered.

In addition to them, the document must contain:

1. Name and address of the court, full name of the judge.
2. Personal data of the plaintiff and defendant, their addresses.
3. An indication that an agreement must be entered into by mutual consent to end a dispute under certain conditions.
4. If there is a common child under 18 years of age, his place of residence, conditions of detention and upbringing are indicated.
5. Determination of the amount and procedure for payment of alimony.
6. Conditions for the division of jointly acquired property.
7. A list of all things that are subject to division between spouses.
8. The rights of each party to certain property.
9. If property is distributed unequally, compensation is required, the amount of which should be specified in the settlement agreement.
10. It is prescribed under what circumstances this or that thing will be transferred to its permanent owner.

Various documents that are relevant to it may be attached to the settlement agreement . The document is sealed with the signatures of the parties and indicating the date of preparation.

Thus, in order to draw up a settlement agreement on the division of property, you should adhere to the above recommendations. Apart from these, the 2020 legislation does not put forward any specific requirements.

Settlement agreement upon divorce on the division of credit, mortgage, inheritance and debts

A settlement agreement on monetary obligations during a divorce in the form of a mortgage and property purchased on credit is drawn up taking into account the requirements of Article 55.1 of the Federal Law “On Mortgage” dated July 16, 1998 No. 102. According to the legislative document, the conclusion of this type of paper does not cancel the validity of the mortgage agreement. Typically, such a settlement agreement during a divorce is drawn up in the presence of a representative from the creditor (bank).

In some cases, a married couple is forced to share a mortgage. If the housing loan was issued for two people, then you need to contact the bank. There are 2 options for distributing monetary obligations in a settlement agreement during a divorce:

1. Dividing the debt amount into 2 components.
2. Re-registration of a mortgage to one person.

Please note:
When re-registering a targeted housing loan, the spouse, released from the mortgage burden, can take on the debt on another loan (if any). This procedure is applicable when the mortgage is issued to one of the spouses: it is divided or left with the former borrower.

If there are unpaid loans taken out while the spouses were married, the debts will be distributed in accordance with the size of each person’s share in the common property (Article 39 of the RF IC). During a divorce, the parties have the right to independently decide how to pay off the debt and reflect this in the text, but it is impossible to transfer the loan to one person: husband or wife, or a third party (Article 35, Parts 2 and 3 of the Criminal Code).

In a settlement agreement document during a divorce, only joint property can be divided, and not private property (defined by Article 36 of the Family Code). This includes:

1. Acquired before marriage.
2. Received by inheritance or as a gift.
3. Donated free of charge.

A classic divorce agreement on the division of loans, mortgages, inheritances and debts can be found here.

For your information

A settlement agreement during a divorce on the division of credit, mortgage, inheritance and debts can be drawn up in a similar way. Only in the header of the document it is necessary to indicate the name of the court, the initials of the plaintiff and defendant, and also change the title of the document to “Settlement Agreement”.

Jointly acquired property as the subject of a settlement agreement

Before entering into a settlement agreement, spouses should understand what property they must agree on. Art. 34 of the RF IC establishes the division of jointly acquired property. Judicial practice specifies this issue. In particular, paragraph 15 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 5, 1998, No. 15 defines: common joint property - property for movable or immovable purposes. By virtue of Art. 128, 129, paragraph 1,2 art. 213 of the Civil Code of the Russian Federation, property can be the property of a citizen. Items acquired during marriage. These are standard provisions that can be changed by a prenuptial agreement. Property is divided between the parties according to Art. 38.39 of the RF IC, as well as Art. 254 Civil Code of the Russian Federation. The total value of the property is determined by the court during the process.

The property that the court divides between the husband and wife includes the things they have in their possession at the time the case is considered. The list of interest to the court includes property that is also owned by third parties. When dividing, total debts under Art. 39, paragraph 2. RF IC.

A husband or wife cannot claim things that were purchased by them before entering into a marriage relationship, given as a gift, or inherited. But there may be exceptions to the standard provisions regarding the individual opinion of the court in relation to a controversial property issue.

Sample settlement agreement for divorce and division of property

For information on how to correctly draw up an agreement, read the article Agreement on the division of marital property during and after divorce.

The rights of spouses to property, methods of dividing property and step-by-step instructions for them, how everything is divided under different property regimes, what cannot be divided, read more in the articles:

Division of common property upon divorce of spouses

Is gifted property divided in a divorce?

How to certify a document?

A pre-trial classic divorce agreement acquires legal force only after being endorsed by a notary. In this regard, you can contact a public or private office with the following package of documents:

1. Russian passports from all participants.
2. Ready agreement (3 copies).
3. Marriage certificate.
4. Documents for children (if they are the basis for a dispute) or for valuable property (in case of division).

The notary must:

1. Confirm the identity of each participant.
2. Make sure that the contract is drawn up without errors.
3. Check the validity of the conditions set and exclude from the list those that contradict the law or the interests of one of the parties.
4. Make sure that the agreement is made voluntarily.
5. Sign the contract and register it with Rosreestr.

According to Art. 333.24 of the Tax Code of the Russian Federation, when notarizing a pre-trial settlement agreement in the event of a divorce, you must pay a state fee in the following amount:

1. For property issues - 0.5% of the estimated value of common property (within 300 rubles - 20 thousand rubles).
2. Transactions of a non-property nature – 500 rubles.
3. For alimony - 250 rubles.

The price for approving a pre-trial agreement during a divorce depends on the number of issues being resolved and is divided equally between the drafters of the settlement agreement. Services for copying forms are also paid separately.

Attention

Settlement agreement upon divorce, in accordance with Art. 153.8 of the Code of Civil Procedure of the Russian Federation must be approved by the court.

Settlement agreement without trial

According to the provisions of Article 19 of the Family Code (as amended on August 3, 2018), a marriage union can be terminated through the registry office if:

1. Both parties agree and there are no unresolvable disagreements regarding children and property (this is possible, for example, if the child is not from the spouse, but from a previous marriage).
2. One of the parties is serving a prison sentence of more than 3 years.

In such a situation, it is better to conclude a divorce agreement without court intervention. In this case, it is recommended to use the services of a specialist. After drawing up the document, it must be approved by a notary.

The procedure for approving a settlement agreement: in the form of a document and an oral statement in court

IMPORTANT
The settlement agreement in case of divorce is subject to approval in court, whether it is written on paper or expressed orally (Article 153.10 of the Code of Civil Procedure). The last option is appropriate and legitimate. Then the terms of the agreement are entered into the minutes of the meeting, and the parties put their signatures on it. If in the future one of the spouses violates any points, a writ of execution will be issued based on the court record.

If the divorce settlement agreement is written, it must contain the following information:

1. Initials of the plaintiff and defendant.
2. The obligations of each spouse on which the truce was accepted (the topic depends on the issue at hand).
3. The number of the claim or case being considered in court.
4. Date of conclusion and signature.

Such a document can be submitted in person during the meeting, or through the office and it is attached to the rest of the materials on the case.

The principle of approving a settlement agreement in divorce proceedings in court:

1. The document is approved within the framework of the legal proceedings in which the case is being considered. If the agreement was adopted during the execution of the resolution, it is submitted to the first instance authorities for approval.
2. Controversial issues are resolved directly at the meeting. Participants in the process are notified in advance of the date, time and place of the process.
3. When one of the parties fails to appear at the hearing for an unexcused reason and without providing their written consent to enter into an agreement, the court postpones the hearing to another day.
4. The court does not have the right to approve a settlement agreement if it contradicts the law or goes against the interests of one of the parties to the divorce.
5. In the process of considering an application for approval, the relevant officials check the grounds and make sure that the document was concluded on a voluntary basis (Article 141 of the APC).
6. As a result, an appropriate decision is made - positive or negative (if it violates the legal rights of someone - part 2 of article 39 of the Civil Procedure Code).
7. The court does not have the right to approve the document in part, change or exclude any clauses in it. Adjustments are made only by mutual consent of the spouses.
8. A divorce settlement agreement comes into force only after approval and after the 15 days allotted for appeal have passed (Article 153.10 of the Code of Civil Procedure of the Russian Federation)

The judicial determination must include:

1. Decision on approval or refusal.
2. Conditions for concluding an official truce.
3. The amount of state duty returned to the plaintiff from the budget.
4. Distribution of legal costs.

Once the divorce settlement is approved, the proceedings are terminated.

Compilation rules

The law does not prohibit drawing up and signing several agreements at once, which can separately regulate each side of the child and parental relationship. It often happens that child support obligations are discussed in one document, and parenting issues in another. In addition, it is allowed to conclude a separate agreement for each minor in the family.

Spouses who want to write a document, but are not confident in their own abilities, have the right to contact a legal agency. They will offer a sample, make additions and make corrections to the finished form. Specialists will help in drawing up an individual agreement that will suit both parents. The price of the service is from 3000 rubles.

The contract must include the following points:

1. Document's name.
2. Place of compilation.
3. Day of conclusion.
4. Information about the parties.
5. Children's data.
6. General provisions.
7. Rights and responsibilities of parents.
8. The procedure for material maintenance, meetings, education, training, and incurring additional expenses.
9. Further resolution of disagreements between spouses - in court and independently.
10. Document validity period. Usually it is written “Until the age of 18”.
11. Parental signatures.

You can also use a free sample Settlement Agreement for Children in Divorce prepared by our lawyers. If you still have questions about the agreement or specifically about your situation, our lawyers will advise you completely FREE by phone or you can ask a question using the form at the bottom of the page.

According to the law, no one is required to make a contract in writing. Spouses have the right to simply voice their agreement at the court hearing. It will be included in the court decision. But, if you are not lazy and write down the compromise reached on paper and sign it, this will help avoid disagreements in the future. At mutual request, the document is certified by a notary.

An agreement containing an agreement on alimony payments must be certified by a notary office. The agreement is given legal force. Based on it, bailiffs will be able to collect child support from the evading parent in the future.

Mediation in drawing up a settlement agreement

A husband and wife can avoid litigation and reach an agreement amicably. How? This is what mediators are for. This is a mediator in negotiations on a settlement agreement between divorcing spouses, if they do not want to communicate with each other. His actions are legal and regulated by the Federal Law of July 27, 2010 No. 193, in particular Part 2 of Art. 1. To attract him, a contract for the provision of mediation is drawn up.

For your information

When one of a married couple (personally or through an intermediary) sends the other a notice of desire to begin negotiations (Federal Law No. 193) and does not receive a response within a month or other specified period, the proposal is automatically considered rejected. Then it is advisable to file a claim in court.

The mediator’s services are paid and are charged equally to both parties, unless otherwise agreed. The result of such negotiations will be the voluntary signing of a settlement agreement in case of divorce.

Rules for writing a settlement agreement

The spouse has the right to draw up the document independently, but with a large number of provisions and responsibilities that are expected to be fulfilled by each partner after a divorce, it is advisable to entrust the writing of the agreement to a competent lawyer. The process of concluding an agreement between husband and wife consists of successive stages.

Negotiation

The divorcing couple or their legal representatives can settle the nuances. The ultimate goal is to find a compromise solution that suits both parties and, based on it, draw up a settlement agreement.

It is possible for one of the spouses to write a sample document, after which the second partner gets acquainted with the original version and makes adjustments. The discussion continues until the husband and wife are completely satisfied with all points of the agreement.

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Submitting an agreement to court

The required number of copies is calculated based on the number of participants in the discussion, including the judge and the spouses themselves. The contract is stitched and sealed on the last page with the signatures of the married couple with mandatory decoding. When the agreement sheets are not bound, signatures with transcripts are required on each page.

How to cancel approved agreements?

In order to cancel a settlement agreement adopted by the court in a divorce, you must have strong arguments (the basis will be Articles 309 and 310 of the Civil Code of the Russian Federation, Article 221 and the Civil Procedure Code of the Russian Federation). What could be the justification:

1. Violations of legal norms when drawing up the agreement.
2. Recognition of one of the spouses as incompetent with official confirmation.
3. Infringement of the rights of one party during the execution of agreements specified in the document.
4. Not all jointly acquired property is listed in the agreement.
5. Lack of signature of one of the participants.
6. The agreement was not signed voluntarily.

In this case, any of the parties to the divorce proceedings has the right to apply to the court with a claim to challenge or terminate the settlement agreement.

What is it and in what cases does it occur?

A settlement agreement is a written document that governs the division of marital property . The subject of the agreement is the disputed property. It is worth noting that this is a compromise solution that is reached through an agreement between the spouses.

A settlement agreement can only be concluded in court if there is a dispute about the division of property of the spouses (Article 38 of the RF IC; Article 39, Article 173 of the Code of Civil Procedure of the Russian Federation).

One of the spouses files a statement of claim in court, which indicates a requirement for division of property. Then you need to agree with the second spouse to conclude a settlement agreement.

Important! A settlement agreement on the division of property is concluded in writing by mutual consent of the spouses. And such an agreement must be signed by both spouses.

It is worth distinguishing between the division of property out of court and a settlement agreement. In the second case, the contract is concluded exclusively by the court. Typically, division of property through the court occurs when spouses cannot voluntarily divide jointly acquired property. The court helps the parties come to a compromise solution and then sign the document .

Change of settlement agreement

The possibility of changing the terms of the agreement between the parties is provided for by the law of the Russian Federation only within the boundaries of arbitration proceedings. It can be canceled or changed if the claim is filed again (Article 452 of the Civil Code).

However, they take into account that the existing resolution (which has entered into legal force) on the suspension of office work on the basis of a concluded document precludes the resumption of a dispute on the same issue (Article 220 of the Code of Civil Procedure). It turns out that by filing an application of such a plan, the process will most likely be terminated. To change the terms of a settlement agreement during a divorce, you will need to enter into a new agreement and resubmit it to the court.

For your information

You can correct the clauses of the previous agreement or draw up a new one after receiving a writ of execution, which is sent to the dishonest defendant (Article 141 of the APC). Since a divorce settlement agreement, after approval, obliges the parties to fulfill the prescribed conditions (Article 16 of the APC).

What does the court do?

The court will consider the terms of the settlement agreement.
The court, having examined the agreement signed by the parties, is convinced that it does not violate the law and does not infringe on the rights of third parties (for example, a child of the spouses), and then issues a ruling that approves the conditions specified in the settlement agreement. A court ruling on approval of an agreement on voluntary division of property has the same legal force as a decision: if necessary, the court can issue a writ of execution and force the other party to fulfill the agreement.

Nuances

When drawing up a settlement agreement upon dissolution of a marriage, the following principle is adhered to:

1. Drawed up during or after a divorce.
2. A pre-trial agreement is notarized, otherwise it will not be valid (Part 3 of Article 163 of the Civil Code of the Russian Federation), concluded in court - does not require visa from a notary.
3. Signed solely on a voluntary basis.
4. Has legal force.
5. May only address specific controversial aspects (those not included will be considered directly in court if necessary).
6. The list of conditions may include provisions for granting a deferment in the fulfillment of obligations by the defendant, and it is also possible to forgive the existing debt in part or in full.
7. In the text of a divorce settlement agreement, it is allowed to describe agreements on upcoming legal costs, including state fees.
8. The number of copies compiled must correspond to the number of participants and one is included additionally.
9. The document is valid for the period until the conditions are fully met by the parties.
10. Subject to execution after approval by the court (Part 2 of Article 100 of the RF IC).

A divorce settlement is a convenient and quick way to resolve a case. With its help, a calm relationship will be maintained between the former spouses, and there will be no need to involve lawyers.

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Failure to comply with the settlement agreement

When approving a peace agreement between the spouses, the court relieves itself of the obligation to resolve the dispute about the children and deals only with the dissolution of family ties. It’s great if the accepted document is subsequently executed honestly and voluntarily, but there are cases when one of the parties evades fulfilling the conditions (or any individual point, for example, the mother does not allow the father to see the child / the father does not fulfill his obligations for alimony payments and etc.). In this case, there are 2 ways to solve the problem :

1. Application to the court for the issuance of a writ of execution
   Submitted to the court at the place of residence of the non-performing defendant with a description of the essence of the previously accepted agreement and the problem of its execution by the defendant on a specific point/s, at the end there is a request to issue a writ of execution for subsequent presentation to the Bailiff Service and enforcement (this statement when written to the court is not subject to state duty).

   A sample application for the issuance of a writ of execution can be viewed here.

   

2. Appealing a court ruling on concluding a settlement agreement
   This form is less popular, since it has its own deadlines (only 15 days from the date of approval of the settlement agreement), and is applicable only when there is one hundred percent certainty that the settlement agreement will not be implemented.