How Is an Uncontested Divorce Settlement Agreement Prepared, and What Should It Contain?

In an uncontested divorce, the heart of the file that comes before the court is the settlement agreement signed by the parties. Meeting the conditions and preparing for the hearing are generally well-known matters; what is really decisive is how concretely and enforceably each clause of the agreement has been written. While the same sentence is sometimes accepted in a single session, a missing or vague expression can cause the judge to request further clarification, or even lead to a new lawsuit being filed years later.

The content of the agreement matters far more than its general conditions: how the custody clause should be structured, how the amount and method of payment of alimony should be written, how the division of property and dowry (jewellery) items should be arranged, and with what details the return of personal belongings and the visitation schedule with the child should be made concrete. The vague formulas that most often cause problems in practice are also addressed below with examples.

Why Is the Uncontested Divorce Settlement Agreement So Important?

The agreement is the document in which the matters the parties have agreed on outside the court are put in writing; at the hearing the judge confirms that the parties have signed this text of their own free will and, if found appropriate, takes it as the basis of the decision. The clearer and more detailed the agreement is, the easier it becomes for the judge to give approval without hesitation. By contrast, an agreement prepared with generic expressions may raise additional question marks at the hearing and may sometimes require the parties to redraft it.

Another importance of the agreement is that it draws the framework of life after the divorce. The greater part of the disputes that may later arise on matters such as alimony, custody and division of property stems from a lack of concreteness at the drafting stage of the agreement. For this reason, the agreement should be prepared not merely as a document that will persuade the court, but as a road map that the parties will rely on for years.

In practice, the parties who prepare the agreement generally see the matter as an emotional burden and want to finish it as soon as possible; this may lead to the text remaining careless. Yet every additional minute spent on the agreement is an investment that reduces the tension that may be experienced after the divorce. In the headings below we examine, with concrete examples, with what details each clause should be supported.

How Should the Custody Clause Be Written in the Agreement?

In the custody clause, it should first be stated clearly to which spouse the custody of the child is left. In addition, if it is separately regulated in the agreement on which matters the parent who does not obtain custody will have a say (such as education, health, travel abroad), disputes of the "I was not consulted" kind are prevented in the future. If there is more than one child, writing the custody arrangement separately for each child prevents confusion.

A frequently encountered shortcoming in practice is that the custody clause is limited to the mere sentence "custody has been given to the mother/father." Yet if questions such as who will decide on matters like a change in the child's place of residence, school enrolment and passport procedures are not answered in the agreement, these matters may later become the subject of a separate lawsuit. For this reason, the custody clause should be written not briefly but comprehensively.

• To whom custody is left. It is written clearly, together with the child's full name, to which parent custody is left.
• Matters requiring a joint decision. It is specified whether the other parent will be informed on matters such as education, health and travel abroad.
• Change of place of residence. The method to be followed if the parent with custody changes city/country can be written.
• More than one child. Custody is arranged separately for each child, with the name specified.

How Should the Amount and Method of Payment of Alimony Be Specified in the Agreement?

The most frequent mistake in the alimony clause is leaving the amount vague or not writing the day of payment. Poverty (spousal) alimony and participation (child) alimony should be specified separately and in figures; it should be written clearly from which date, on which day of the month and into which account it will be deposited. An expression such as "an appropriate amount of alimony will be paid" leads, in practice, to the parties forming different expectations.

A provision regarding the increase of alimony may also be included in the agreement. For example, it can be written that it will be updated each year according to a particular index; if such a clause is not included, one of the parties may over time have to file a separate lawsuit to have the alimony increased. If the method to be followed in the event of a delay in payment (bank receipt, manner of notification) is also added, "I paid — you did not" arguments are largely reduced in the future.

• Type and amount of alimony. Poverty and participation alimony are written as separate items, in figures.
• Day and method of payment. It is specified on which day of the month and into which bank account it will be deposited.
• Updating rule. It can be written in which periods and by which criterion the alimony will be updated.
• Situation of delay. Which notification method will be followed if payment is delayed is added.

How Should the Division of Property Clause Be Structured in the Agreement?

In the division of property clause, listing separately each item of property such as real estate, vehicles, bank accounts and, if any, company shares is the most labour-intensive but the most critical part of the agreement. A general sentence such as "the existing property has been divided between them" may later give rise to a problem of proof, because it does not show which property has been left to whom. Instead, the title deed information of each piece of real estate, the plate number of each vehicle and the bank at which the accounts are held should be written one by one.

In the division of property clause, it should also be specified when and how the transfer procedures will be carried out. For example, if it is written that the title deed transfer of a piece of real estate will be completed within a certain period from the date of the agreement, one of the parties is prevented from delaying the process. In property with a joint credit debt, it should also be separately regulated by whom and in what proportion the debt will be paid; otherwise, the liability of both parties before the bank may continue.

By which party the transfer costs (such as the title deed fee and notary fee) will be met is also a detail overlooked in the agreement. If the sharing of these costs is not written, an unexpected argument may arise between the parties on the day the transfer takes place. Clarifying such material details in advance, which seem small, largely facilitates the implementation of the agreement.

How Should the Dowry (Jewellery) Items and Pecuniary–Non-Pecuniary Compensation Clause Be Written?

Dowry items generally cover the gold and similar valuable items given at the wedding and are one of the most disputed matters in practice. In the agreement, it should be written with whom these items remain or whether they will be returned, specifying the type and quantity if possible. An expression such as "the dowry items have been settled between the parties" leaves the question "which items, how much" unanswered afterwards.

Whether the claim for pecuniary and non-pecuniary compensation has been waived should also be stated clearly in the agreement. If one of the parties is claiming compensation, the amount and method of payment; if not claiming it, the fact that this right has been mutually waived should be written clearly. Leaving this clause incomplete may open the way to a separate compensation lawsuit after the divorce becomes final.

In the compensation clause, it should also be specified whether the amount will be paid in a single instalment or in instalments. If instalment payment has been agreed, the number of instalments, the amount of each instalment and the payment dates should be written separately. Clarity at this level also clarifies which instalment will be deemed overdue in the event that payment falls into arrears.

How Is the Return of Personal Belongings Regulated in the Agreement?

The return of personal belongings is a matter that should be handled separately from the division of property. If it is not written in the agreement by which date and how items such as clothing, personal documents and family heirlooms will be handed over, even this seemingly small matter can turn into tension after the divorce. In practice, the parties often focus on the large items (house, vehicle) and leave the personal belongings outside the agreement; this later leads to practical disputes.

If the place of delivery and the manner of delivery are also specified in this clause, implementation becomes easier. For example, it can be written at which address and to whom the items will be delivered, or whether they will be collected through a third person. In this way, the process can be completed without the need for direct contact between the parties.

How Should the Visitation Schedule With the Child Be Made Concrete?

The most frequently encountered problem with the visitation (personal relationship) schedule is that it is written with vague expressions such as "visitation at reasonable times." Such a clause can be interpreted differently by both parties and turns into a dispute within a short time in practice. Instead, it should be written concretely which day of which week, from what time to what time, and where the place of delivery and collection will be.

Adding a separate schedule for official and religious holidays, the mid-term break and the summer holidays also greatly reduces disputes. For example, an arrangement such as holidays being spent with the mother in odd years and the father in even years; and details such as how many weeks and between which dates the summer holiday will be, should be added to the agreement. A mechanism regarding the review of the schedule as the child grows older can also be added.

• Weekday/weekend arrangement. The visitation days and hours are written clearly.
• Place and manner of delivery. It is specified from where the child will be collected and to where returned.
• Official holidays and festivals. An arrangement that varies by year can be established.
• Summer holiday and school term. A separate schedule to apply during long holidays is added.

Which Vague Expressions in the Agreement Cause Problems Later?

The most frequently encountered source of problems in practice is the general expressions that the parties write in good faith but without care. Sentences such as "visitation at reasonable times," "an appropriate amount of alimony," "the property has been divided between them" may satisfy both parties at the moment of signing; however, when differences of interpretation become apparent over time, none of these sentences offers a concrete criterion. This situation may often extend as far as a new enforcement proceeding or a lawsuit.

Similarly, expressions left to a future date such as "when necessary," "in case of need," "as will be determined by the parties" are also risky; because these expressions do not specify who will decide, when and how. When preparing the agreement, asking at the end of each clause the question "can this expression be applied on its own?" largely weeds out the uncertainties.

Can the Agreement Be Changed After It Becomes Final?

Since the agreement acquires legal binding force together with the court decision, it cannot be changed unilaterally after it becomes final. However, some items such as alimony can be updated through a separate lawsuit in the event of a significant change in the economic and social situation of the parties. The custody arrangement can also be re-evaluated later if the best interests of the child so require; but this does not mean that the agreement can be written loosely from the outset.

For this reason, the "we will change it later anyway" approach should be avoided when preparing the agreement. Each clause should be designed so as to be applicable for years in the form in which it was first written; the need for change should come onto the agenda only in genuinely unforeseeable situations. Otherwise, every small uncertainty may take one of the parties back to the courthouse door.

Which Stages Should Be Followed When Preparing the Agreement?

A healthy agreement process begins with the parties first discussing one by one the main headings they have agreed on (custody, alimony, division of property, compensation). Then each heading is put into writing with the concretisation principles explained above. Making small corrections to the draft text until it reaches a state that neither party objects to reduces the likelihood of encountering a surprise objection at the hearing.

Having the agreement reviewed by a lawyer before it is submitted to the court ensures that missing or contradictory clauses are noticed early. Especially on matters that produce material consequences, such as division of property and alimony, finalising the draft in legal language and in an enforceable form is of great importance. As İzmir Avukatım, at our office in Konak, we review and make the draft agreement concrete together, clause by clause.

If you are having doubts about any of the custody, alimony or division of property clauses while preparing your agreement, we can draw up a draft together according to the concrete circumstances of your file. Since each file has its own particular details, rewriting the clauses according to your situation rather than copying a ready-made template ensures that you encounter fewer problems both at the hearing and in the following years. You can contact Av. Aydın and the team on a 24/7 basis via the line 0553 595 67 82 or at the office at Milli Kütüphane Cd. İ.Tepeköylü İş Merkezi No:17/105, Konak/Izmir.