Divorce is almost always a huge problem, debate and litigation. You can avoid most of the incidents and troubles, if we are talking about a childless couple. It's easier for them to get a divorce. But in the presence of minor children (relatives or adopted) to make it more difficult. Mainly due to the resolution of disputes related to babies. For example, parents cannot decide who the children will live with, how they will see the second parent, and so on. In this case, it is recommended that you carefully consider and draw up a special agreement. What does his sample look like? The agreement on children in a divorce is what will be discussed later. We have to figure out the rules for drafting a document, its execution, entry into force and appeal. Only in this case can it be said with certainty that disputes related to children with a divorce will be settled 100%.
Conclusion methods
It is important to remember that spouses who have common property or children under the age of 18 (or 16 with emancipation) must be divorced in a judicial proceeding. It is necessary. Even if the husband and wife have no complaints against each other or other disputes. To confirm this fact, it is necessary to draw up a special document. What will his sample look like? The agreement on children in a divorce is what attracts the most attention. It is his compilation to be addressed further.
It should be understood that such agreements can be executed:
- Notary in advance. This is suggested for couples who have no practical disputes. In real life, this scenario is extremely rare.
- During the trial. The most common way to reach an agreement on children. Not much different from the previous one. Unless the trial will be postponed for a while.
You can no longer draw up an agreement on children. All other interpretations of the document are null and void.
Presentation form
How to draw up an agreement on the maintenance of a child in a divorce A sample of this document will be presented a little later. First you need to understand what recommendations and tips to follow when creating a document.
Important: the agreement is only in writing. Verbal agreement does not take place.
Despite this, the court is allowed to report the absence of claims from the parties. Then the judge will postpone the meeting and give time for drawing up a peace agreement in writing. It will have the power of a judgment.
Terms of agreement
In some cases, parents of minor children have no idea how to get a divorce. What to indicate in the mentioned document? What items will its correct sample have? The divorce agreement usually consists of several issues.
Parents have to find out:
- Who will the children live after the divorce? It is necessary to take into account not only the wishes of the parents, but also the children. Their affection can play a crucial role. The financial situation, the condition of the housing and the convenience of the location relative to schools, kindergartens and other institutions are taken into account.
- Schedule of meetings of children with a parent with whom they do not live. The solution to this issue will greatly facilitate life.
- Matters related to parenting. Even after the divorce, parental rights and obligations must be respected. The agreement on children prescribes the norms for their implementation.
- The material side of the issue. Both parents must necessarily support all their minor children. Therefore, the agreement spells out exactly how this obligation will be implemented. Most often, in practice, a parent with whom children do not live pays child support for maintenance. It is recommended to indicate the size of the relevant payments or replace them. For example, the transfer of property to children.
Perhaps these are all the issues that are considered in the document under study. An exhaustive list can not be called - all families are individual. Therefore, each sample agreement on children after a divorce can be called unique. It will shed light on a variety of issues related to the upbringing and maintenance of minors, but these items are required.
How much to conclude
Sometimes the question arises - how many agreements will have to be made. The legislation of the Russian Federation has no guidance on this topic. We can only say that the court and both parties should have samples of agreements. Accordingly, the minimum number of documents is 3 pieces. And this is only on condition that all disputed issues related to children are registered in the agreements.
In practice, the number of documents can be different. For example, agreements are drawn up general or on specific issues - on the payment of alimony, accommodation, procedures for meetings with the second parent.
Some recommend divorcing children separately for each minor. The measure is optional, but it is allowed. In practice is rare.
How to make
From now on, some norms for the settlement of disputes related to minors are understood. What will the corresponding sample document look like? The divorce agreement does not provide any material guidance regarding the content of the paper. The parties draw up the document in free form.
Despite this, it is recommended to submit paper written in accordance with the rules of workflow. This formality is practically always followed.
If the spouses are not confident in their abilities, then they can turn to legal or notary offices for help. They will help you write the agreement on living with the child after the divorce as competently as possible. The sample document presented below is just a template that is allowed to follow. It is not exhaustive.
Document structure
But first you need to study the structure of the agreement. It will help spouses understand how to correctly and correctly draw up a document without outside help. The family must consider the model of a settlement agreement when divorcing children. For paper put forward the same requirements.
To date, an agreement to visit a child after a divorce (sample is given below) usually contains:
- "header" of the document;
- name;
- place and date of conclusion of the agreement;
- data on children (full name, date of birth, address of residence);
- general provisions (references to laws and acts governing the relationship of parents and children in a divorce);
- the rights and obligations of spouses in a divorce;
- the procedure for the implementation of parental obligations (all the nuances listed above);
- how disputes between the mother and father of the children will be resolved (in court or pre-trial);
- the duration of the document (usually until the majority of the babies);
- signatures of the parties.
The document is subject to the general rules for processing business letters. This must be remembered by all citizens. So, for example, the "header" of the agreement is drawn up in the upper right corner of the paper, it contains:
- name of the body to which citizens apply;
- personal data of the parties;
- Information about the judge who is considering divorce.
In fact, there is nothing difficult or special. The bulk of the problems lies in solving all the issues listed above between parents. If it is found, you can conclude an agreement. The child is indirectly involved in this process - his / her opinion regarding living with this or that parent will necessarily be recognized by the guardianship authorities or the court.
Procedure
And how exactly does the document consist? For example, before the trial. To do this, go to a notary public. It is he who will indicate the reliability of the document.
How is an agreement on keeping a child divorced? A sample document is presented below. You should adhere to the following algorithm of actions when concluding a document:
- Collect a list of papers indicating paternity and motherhood (birth certificates, spouses' passports, marriage certificates). It is advisable to prepare documents emphasizing the material situation and housing rights.
- Compose the text of the agreement. It can be created directly at the notary public.
- Come to a notary's office and sign an agreement. The notary will put his signature on the document as a sign of its authenticity.
- Pay for the services of an authorized person.
Almost the same will have to act when concluding a paper in court. It is necessary:
- Collect all previously listed documents.
- Compose the text of the agreement. Preliminary indicate readiness to reach consensus.
- Present to the judge a document and a package of papers that was listed earlier.
In fact, everything is simpler than it seems. It is clear how the children’s agreement is drawn up.
Sample
What does his sample look like? A divorce agreement could be something like this:
This document Ivanov Ivan Ivanovich (passport data), hereinafter referred to as the father, and Ivanova Marina Dmitrievna (information from the passport), hereinafter referred to as the mother, establish the procedure for communication with (F. I. O. and data of minor children), the implementation of their maintenance and residence .
- Spouses agree that after the divorce, the children will live with their mother at: (address of the mother's place of residence).
- Without the consent of the father, the mother does not have the right to change her place of residence.
- The father has the right to communicate with children and their education on an equal basis with the mother.
- The mother of the children should not impede the father’s communication with the children without good reason.
- A father can communicate with minors at any time. Meetings are allowed weekly from 2 p.m. to 5 p.m., taking into account the work schedule of the father and children on the territory of the minors in the presence of the mother. Meetings without the participation of the mother are possible with the consent of the former spouse.
- Children can spend all memorable dates and holidays with their father from 10:00 to 12:00. This rule also applies to student vacation time on weekends.
- From the moment of divorce, the father transfers monthly 15,000 rubles for the maintenance of children. The amount is indexed annually.
We ask the court to consider this agreement and approve its action until children reach the age of 18.