You and your spouse have now agreed without any complications that it is the right time to go your separate ways but you don’t know how exactly to begin the process of divorce? Since you and your spouse agree amicably with your separation, you must have a written separation agreement that resolves issues such as custody, child support, alimony, and division of property to qualify for a mutual consent divorce to be granted to you and your spouse by your state or district government. Making a mutual consent divorce can help save you time, money, and even save your civilized relationship with each other since you don’t have to go through a lengthy and painful process of other types of divorce that requires a trial. A mutual consent divorce saves you from all that trouble. If you’re interested to know how to make a mutual consent divorce, this article will guide you on how to make one.
10+ Mutual Consent Agreement Samples
1. Mutual Consent Agreement
2. Sample Mutual Consent Agreement
3. Mutual Communications Consent Agreement
4. Mutual Privacy Consent Agreement
5. Mutual Promotion Consent Agreement
6. Mutual Termination Consent Agreement
7. Mutual Consent Settlement Agreement
8. Mutual Electronic Consent Agreement
9. Mutual Confidential Consent Agreement
10. Mutual Consent Agreement Form
11. Standard Mutual Consent Agreement
What is a Mutual Consent Agreement?
A mutual consent agreement, also known as a marital settlement agreement or mediated separation agreement, is a formal document made between couples who decide they want to terminate their marriage to each other by mutual consent. This type of marriage termination is the most civilized, fastest, and most inexpensive.
Divorce by mutual consent is regulated in the Family Code and the Civil Procedural Code. In this type of divorce proceeding, there are no defendants and there is no need to present evidence and motives since both parties agree with the divorce. The agreement is a requirement to be submitted to the court to be issued a decision to formally terminate the marriage.
How to Make a Mutual Consent Agreement
1. Prepare the Agreement
Before you make the mutual consent agreement, acquire the legal forms from your state’s or district’s government courts or any justice site. This is a required legal form that you need to fill up before you submit it to the court. Start the agreement by specifying the full names of the parties involved, which are you and your soon-to-be ex-spouse.
2. Include Details About Your Marriage
Provide all relevant information about your marriage such as the date of your marriage, date of your separation, the names and ages of your children, your current living arrangements (include the addresses where each of you are living if you’re no longer living together), other possessions such as properties you want to name and include in the agreement and the grounds for your divorce.
3. Verify Your Agreement
Verify that both of you accept the terms of the agreement included in the document to ensure that your divorce is uncontested. This will help make your agreement legally binding aside from your signatures.
4. Identify And Divide Assets And Debts
Laws vary regarding the division of joint assets from one state to another. Seek a divorce attorney‘s help to let you know about your state’s laws. When you divide your assets, don’t forget to consider your joint debts as well. Decide on how you will divide it and who will be responsible to repay those debts or you can also decide that both of you will repay all your debts. The choice is up to you both.
5. Create Parenting Plan For Custody
If you and your spouse have children, this section of the agreement must discuss custody of the children. Decide if joint, shared, or sole custody is appropriate for your situation. If your children stay primarily with one part, state what type of visitation rights that non-custodial parent will have. Include details such as the day of the week they can visit, the time duration of the visitation, and what arrangements you will have during vacation days and holidays.
6. Agree on Child Support and Alimony
Don’t forget to discuss child support. Have an attorney who specializes, in this case, to help you know the guidelines in providing child support. Discuss the amount of child support that will be provided by one parent to the other.
FAQs
What are other options for filing divorce?
There are many options for filing a divorce. Some of those options include absolute divorce which is a permanent judicial decree that dissolves the marriage and restores the parties to a single status while a limited divorce is a judicial recognition that the parties are separated even though they are still married.
Can you get divorced after five years separation?
Yes, you can get a divorce after being separated for five years or more. You need to let your ex-spouse know you’re divorcing them and allow them to see your divorce petition.
How long does a divorce take?
It depends on the process of each ex couple’s divorce on how long their divorce proceedings are going to take place. It can last as short as four weeks (if the divorce is uncontested) to as long as 2 to 3 years.
When you’ve finished writing the agreement form and prepare all other documents needed, it’s time to read it over them carefully to review any errors or inaccurate information. Ensure it is written clearly and free from typos to avoid misconceptions and misunderstandings. Let an attorney help review your agreement to ensure the agreement is in line with the law as well. To help you know what mutual consent agreements look like and how they are made, download our free sample templates above to use as your guide!
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