A divorce agreement must be written together by both members of the marriage if the spouses have agreed jointly to a divorce, reports RocketLawyer. When putting together the agreement, both spouses also must be in general agreement about how to divide property and assets, and how to manage jointly held interests.
A divorce agreement is very useful in a variety of circumstances, according to RocketLawyer. It is necessary for the spouses to be in contact with each other and for both of them to agree on the terms of the division, or at least be willing to work together on such terms to come to agreement. A divorce agreement is also helpful to write out before the married couple goes to meet an attorney, as it creates an outline of the terms of the separation agreement. The document can then be used as one of the papers that makes the divorce legal.
The agreement can also be used if the couple has children under age 18, to set the terms of custody, visitation and child support, says RocketLawyer. Each state has different laws and regulations on how this agreement can be used in the divorce process, so a couple should seek legal advice to find out how such an agreement pertains to the divorce in their specific state. The document is also known by other names, such as marital settlement agreement and marital separation agreement.