A “Divorce Incident Agreement” (AID) is a wonderful enrichment for people going through the divorce process. An AID is a document that is sometimes prepared in addition to a divorce decree to complete the decree. This means that the spouses can enter into a written agreement on the division of the spouses` assets and liabilities and the maintenance of one of the spouses. The agreement may be reviewed or rejected before the transfer of the divorce or annulment, unless the agreement is binding in another rule of law. For asset divorce situations, the IDA can provide details and agreements that are not usually included in a standard divorce decision. The details of real estate and sub-life can be articulated to benefit both parties. In conclusion, why use a contract incident to divorce? For privacy, additional means of application, creative solutions, clarity and flexibility. It`s a device that works very well in Texas collaborative law divorces. Your agreement should be well thought out, well developed and executed in a timely manner by a lawyer experienced in such cases, because the time to discover your divorce documents have been poorly established, not after they have been signed.
Contact one of Orsinger`s family lawyers, Nelson, Downing and Anderson, to ensure that your IDA is effective and enforceable. The agreement in this case included very large maintenance payments to the wife and an agreement for the husband to pay the costs of the children`s high school. The court issued a judgment of $1,128,000 against the ex-husband and awarded $102,475 in $US legal fees. The few adjustments made to the Court of Appeal`s decision did not lower the ex-husband`s judgment, and he considered it almost certainly a total loss. One lesson: a divorce agreement, which is included in the divorce decree, is enforceable under the decree. The IDA is as applicable as any contract, and if one of the parties violates that agreement, it can be maintained in contempt and legal fees can be awarded to the other party. The IDA is signed by both parties and can be used either to enforce compliance with the agreement and/or to punish violations of the agreement. If part of the agreement is too vague to be enforced, a court decision can be taken to clarify the agreement. In a divorce case, a divorce is usually enshrined in the divorce decree “by reference.” This means that the IDA is technically part of the divorce decree and can be implemented with a contempt that can be used both to force compliance with the agreement and to punish violations of the agreement. In addition, legal fees may be awarded. If the decree/agreement is considered too vague or indeterminate to be enforced, a court may issue an order clarifying the decree. An Incident Agreement for Divorce (AID) is a great tool for people who are divorcing.
That is one of the main reasons why many people opt for collaborative law — it helps protect their privacy. An aid is a document that is sometimes produced in addition to a divorce decree.