A divorce agreement (model) 2023 — an agreement on the maintenance and residence of a child after divorce

The Main "Marriage Dissolution "Peace agreement on children at dissolution of marriage

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If differences, quarrels, misunderstanding, and misunderstanding affect the emotional state of the children, divorce is the only way to change their perception of family behaviour.

All the issues at issue could be discussed in advance and the understandings enshrined in a settlement agreement.

What is a child peace agreement?

The World Agreement is a treaty-based document, and the key issues to be considered with respect to minors are covered by article 24 of the Russian Federation:

• Where children will live and with whom;
• The Committee recommends that the State party ensure that the State party ensure that the State party is provided with adequate and adequate compensation in the event of a failure to comply with its obligations under article 14, paragraph 1, of the Convention.

It may also reflect mutual obligations and obligations relating to the upbringing of minors, the provision of free education and other matters relating to their welfare.

A written document is a guarantee that a parent who does not live with his or her son or daughter will help, participate in their lives, and the parent who lives with them will not prevent them from doing so.

If there is a dispute between parents concerning the upbringing of minors and the determination of their place of residence, a complex multi-stage procedure will have to be carried out in a district or city court, including the involvement of guardianship and guardianship authorities to examine the living conditions of the husband and wife (art. 78 of the Code of Criminal Procedure), as well as psychologists to assess the moral and psychological condition of the minor and the willingness of the parents to take responsibility for his upbringing.

Who and when to conclude an agreement

The spouses enter into an agreement with each other, planning the dissolution of the marriage or during the divorce process:

In accordance with article 150 (5) of the Code of Criminal Procedure, the judge must take steps to conclude a settlement agreement between the parties.

Dissolving marriage must notify the judge of the consolidation of the agreement in one of two ways:

1. In writing, the document is drawn up in three copies; two remain with each parent and the third is submitted to the judge.
2. This form is provided for if the decision was taken during the trial, the judge either defers the hearing of the case to another date or records what has been said.

A pre-formulated document is subject to review for legality.

Under article 100 of the Russian Federation, an agreement containing information on the payment of maintenance shall be certified by a notary.

How to Make an Agreement Right

In order to draw up an agreement on the residence and upbringing of children after divorce and to give them legal effect, a certain sequence of actions must be observed.

Procedure

1. Discussion with the spouse of issues of interest and compromise on all points.
2. Signature of the document: Why is it desirable to have a notary present so that a third person can testify to the mutual consent of the husband and wife?

   The second party may subsequently indicate that it acted under threat of violence, under duress, which is excluded from notarization.

3. In a court of law, an application for a settlement is made.
4. The court ' s determination, i.e., that the case was settled by the parties to the proceedings.

Form of document

There are no clearly defined rules for document processing. It is recommended that the formal writing style be followed and that the following information be indicated:

1. The title of the World Agreement for Children could be specified as to which issues would be covered, for example, living conditions, payments of money and others.
2. Parental information: their FIO, actual place of residence and address of registration.
3. Information on the child or several children: FIO, date of birth.
4. Key provisions of the document.
5. Procedure for the settlement of disputes and liability of the parties for non-compliance with the prescribed conditions.
6. Duration of the document.
7. FIO and the signatures of the parties.

The main points of reference are as follows:

• The place of residence of the descendants: the father or mother, each alternately or otherwise by agreement.
• Method of communication with the parent: It is desirable to indicate on which days and hours the second parent may take the children freely, in which territory to communicate, in which places to visit. The child ' s rest is preferable to write in detail, in an hourly manner. The form of the agreement does not limit the parent, so it is possible to specify, for example, games on Saturdays from 12 noon to 4.30 p.m. or a joint visit to the pool on Tuesdays and Wednesdays. The second party is obliged to fulfil the conditions by granting the individual parent the right to raise and participate in the life of the children.
• Procedure for the child ' s payment of material support, monthly payments.

The extent to which the details are clearly stated determines whether differences will arise between the parents.

https://www.youtube.com/watch?v=JA7KOPcyvl0

Often one parent living with a child tries to overstate the amount of the payments and the other to understate the payment. Article 103 of the Russian Federation will help determine the amount of the payments.

The amount indicated in the document should not be lower than the amount children would have been able to obtain if they had not been able to do so, i.e. under the law.

Under article 81 of the Criminal Code, maintenance amounts to:

• 1st child - 1/4 income;
• For 2 children, 1/3 of the income;
• 3 or more children — no more than 1/2 incomes.

In the absence of a stable income and agreement, the issue of payment of a firm sum is determined by the court, which may be avoided by applying judicial principles: an amount that would allow the children to maintain the level of material security corresponding to the previous one.

If the children are separated between the parents, each of them may enter into an agreement.

The amount of maintenance may be included in the children ' s agreement, but may be a separate document.

Duration of the agreement

The agreement is terminated after the children have reached the age of majority.

Model agreement on the child ' s residence after divorce 2023

Pick up a sample of the agreement

If the father or mother does not comply with the terms of the agreement

The agreement between the parents on the child requires both parties to comply strictly with the paragraphs set out therein; if the mother has ceased to grant the right to communicate with the children on weekends, avoids communication, or the father has suspended the payment of maintenance, one may proceed in one direction.

Application to court for the issuance of an executive notice

The full name of the court must be indicated in the document (the document is given to the divorce court, because it is where the divorce case is kept), the applicant ' s information (FIO, address) must describe the problem: when a settlement agreement has been concluded, which point is not being implemented; the judge will either write a resolution "execute" or set up a meeting that will result in a decision on the issue of the sheet.

Model application for an executive list:

download sample

The form is submitted to the bailiff ' s office and is accompanied by an application for enforcement proceedings.

A notarized agreement with an approved maintenance arrangement is an executive note.

Appeal against the court ' s determination of the settlement agreement

This is possible, but only within 15 days of the approval of the document; examples of situations in which a signature is made by another person on the basis of a mistakenly unrevoked power of attorney; one parent signs a document to expedite the divorce process and publicly declares subsequent non-compliance.

Under all circumstances, it is possible to bring the signatory to justice.

How can a document be drafted so as not to further clarify the relationship in court? This question will be answered by the lawyer of the Ros-nasledstvo.ru portal. Attention should be paid to the following points:

• Select the form of the agreement (oral or written), whether it includes security clauses, and it may be necessary to increase the payment (in per cent or a firm amount) for sickness, camp rest and other cases.
• Thoughts need to be as clear and concise as possible.
• Article 54 of the Code states that children have the right to know their parents and to receive care and upbringing. Article 55 of the Code stipulates the right to communicate with their grandparents, grandparents and other relatives, which should also be mentioned in the document. Under article 66 of the Code, a parent living with a minor must not prevent another person from exercising his or her parental rights.
• If the child has reached the age of 10, the child ' s interests must be taken into account; if the judge finds that the interests of the children are contrary to the information provided in the document, the agreement will be rejected.
• The document should be filled in without errors, corrections, preferably notarized.

If the rights of children and parents were not respected, the court would reject the contract.

In an attempt to anticipate everything, the husband and wife seek to resolve the pending difficulties before entering into a marriage by drawing up a marriage contract. Art. 42 of the UK of the Russian Federation specifies the content of such a document, which prohibits:

• Regulate the rights and obligations of spouses with respect to children;
• Restrict the right and capacity of spouses;
• To prevent recourse to the courts for the protection of their interests;
• To be held in conditions that are unfavourable; to prevent the spouse from obtaining maintenance if he is unable to work.

According to paragraph 1, a marriage contract cannot be an alternative to an agreement on children and does not define the manner in which minors can communicate, maintain and live after the dissolution of a marriage.

It is very important to draw up a settlement agreement for children so that neither party has any questions about how to communicate with the child, his or her place of residence, his or her welfare. What is necessary for this? To act solely in the interests of the minor; to choose his or her place of residence, to assess who the children spend more time with, to whom the parents are more attached.

The document on the material side of the issue is notarized; then, if the obligations are not fulfilled, the bailiff can be employed and obtained from the perpetrator, assisted by a lawyer at the Ros-nasledstvo.ru site.

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Peace agreement on children in divorce (model) 2023, agreement on the child ' s residence after divorce (model)

• 26,263 views
• The dissolution of a marriage in the case of minor children always leads to a number of additional difficulties for the spouses.
• The most important problem is the obligation to dissolve such a marriage only through judicial proceedings, except in special cases.

The judicial procedure for divorce of children is often considerably delayed, especially if the spouses have differences about the future of the children and the court has to make a psychological assessment or ascertain the minor ' s opinion.

It is therefore highly desirable that all key issues relating to children be agreed among themselves in advance, thus reducing the time of divorce.

What's a divorce agreement?

The World Agreement for Children, concluded at the dissolution of a marriage, is a written document concluded between the spouses of the parents of the common children on the question of the continued residence, upbringing and material education of the minor.

The right to conclude this agreement is laid down in article 24 of the Code of Criminal Procedure, which states that spouses have the right to submit to the court an agreement between them on the future fate of their children in the event of divorce.

Issues to be addressed in the document

The legislation in force does not establish a clear list of the issues to be defined in the agreement on children, but on the basis of established practice, the agreement defines:

1. The minor will live with the parents after the divorce;
2. In what order and to what extent the parent leaving the family will participate in the upbringing of the children;
3. The procedure for communicating with the children of the separated parent;
4. The amount and procedure for the payment of child support as well as other financial contributions to the child ' s upbringing.

Parents have the right to determine in the agreement any matters relating to the upbringing of the child and his/her future life.

• The place where the child will be seen by a separated father or mother;
• Number of meetings per month or week;
• The total number of hours a child can spend with a separate parent, etc.

When an agreement, order, form

The spouses have the right to enter into a settlement agreement for their children at any time, for example, before bringing a divorce claim before a court, and the spouses are not deprived of the right to agree during the court proceedings by requesting the court to postpone the proceedings in order to finalize and draft the children's agreement.

An agreement on children could be drafted in a simple written form, which was submitted to the court.

The court, having examined the present agreement, accepts it on condition that it does not violate the minor ' s rights and interests; otherwise, the court will be obliged in its decision to resolve all the issues listed in article 24 of the SC.

The spouses also had the right to express their consent to all matters orally to the court, but such a form of agreement would have no legal effect and would only facilitate early divorce.

If the written agreement also resolves the issue of maintenance obligations, such a document, according to article 100 of the SC, must be certified by the notary and will in the future have legal effect equal to that of the court decision.

An agreement may not exceed the age of majority of children; in the event of the early attainment of full legal capacity of a minor (e.g. by marriage), the agreement will cease to be in force.

Contents

The current legislation did not regulate the precise content of the agreement on children, as opposed to, for example, the statement of claim; the document was being drafted along the lines of other legal instruments.

The agreement on children should contain the following information:

1. The names of the parties to the agreement are parents, their FIOs, passport data, registration and residence addresses, and marriage data.
2. Information about the child(s) - FIO, date of birth.
3. The list of issues to be decided by the agreement, which is better described by paragraph, each specifying as much as possible, can be identified as follows:
   • The child ' s place of residence, with which parent he or she will remain;
   • Method of communication with a separate parent;
   • Limitations on the participation of the separated parent in the upbringing of the child;
   • The child ' s maintenance, the parent ' s contribution to the child ' s expenses;
   • The manner in which close relatives (grandparents and grandparents) of a parent living separately may communicate with him;
4. Rights and obligations of each parent.
5. Procedure for resolving disputes that have arisen.
6. Duration of the agreement.
7. Signature of the parties.

Model child divorce agreement 2023

The following model of an agreement on the residence of a child following a divorce is of a purely exemplary nature and reflects the model issues to be resolved in the conclusion of the agreement on children.

The parties have the right to extend it to any extent, taking into account the interests of the child.

Page 1

Page 2

You can download the document for editing in relation to your situation by reference below.

To download a sample of the children's agreement.

When drafting a settlement agreement, it is important to take into account the interests of the child; however, it is not necessary to force the second parent into bonded conditions either, since the court will not accept such an agreement; in order to correctly define all rights and obligations and to avoid abuse of the right, we strongly recommend that counsel be consulted.

Difficulties associated with the conclusion of an agreement

In drawing up the children ' s agreement, parents will have to face a number of legal difficulties which will make it difficult for the court to approve the agreement, including:

• Correct definition of the form of the agreement (with or without a notary ' s certificate);
• The correct wording of the list of issues to be decided by the parties;
• The absence of violations of the rights and interests of the child and his or her parents;
• Literacy and comprehensive drafting of the document.

All these subtleties will easily help us take into account our lawyer, who is willing to consult you for free right now, get the support of a professional and get rid of possible problems in the future.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

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Agreement on Children Living a Child in Divorce in 2023

In order to avoid lengthy court proceedings, the spouses have the right to settle personal and property issues in a negotiated manner, including through the support of the mediator.

• The child ' s place of residence and the manner in which the parent will be separated from the minor;
• The agreement must contain an indexation of the amounts, but it can also be carried out on the basis of articles 105 and 117 of the UK, including on the basis of a court decision;
• In addition to determining the child ' s place of residence, the husband and wife have the right to share the common property acquired.

The agreement should therefore be drafted in a comprehensive manner, which could not only determine the child ' s place of residence but also the amount of maintenance, as well as address property issues.

The child ' s place of residence is determined on the basis of the alleged place of residence of one of the parents; the agreement may specify the place of residence with the child ' s other legal representative, i.e. adoptive parents, guardians or guardians.

It may be converted into a long-term lease or acquired, or transferred to the property of the child or former spouse.

A spouse may leave the child and his/her second spouse a home or give a share of the property; the parties may also establish the conditions for the use of the dwelling and the ownership of the child; the minor may retain the property that has been handed over to him/her by his/her parents, including by means of a gift; the minor may not have the right to make a contract for the giving of real property and other valuable things; such a transaction may be declared null and void and the property that has been given on behalf of the child will have to be returned.

Peace accord

An agreement on the child ' s place of residence may be in the nature of a settlement agreement; it may be in the case of a conflict between the spouses in determining the child ' s place of residence and the corresponding divorce claim has been brought before a district court.

Once the application has been accepted, in accordance with the procedure set out in the Code of Criminal Procedure, articles 131-135, the spouses may decide not to aggravate the situation; in the course of the proceedings, the parties may submit for court approval an agreement on the place of residence of the common children and maintenance.

Further agreement can be reached on the division of common property.

The following information should be included in the settlement agreement:

• Time and place of discharge;
• Information on the parties (the parties to the proceedings);
• Data on minors - F.I.O., place of actual residence;
• List of agreements between the parties: indication of the alleged address of the minor ' s residence and the manner in which the second parent communicates with him;
• A list of the property to be divided: it is appropriate to indicate the value of each item of material value to the spouses;
• The amount of maintenance payable to the child may be included in the share of the spouse ' s income or in a fixed amount;
• The procedure for payment of maintenance;
• Other terms of the agreement specified in advance by the parties.

A peace agreement must comply with family and civil law; if it is contrary to the interests of the children, the court may refuse to approve it and proceed with the examination of the merits of the case.

If the spouses (or either of them) refused to sign the settlement agreement, the court must decide the following issues:

• The child ' s financial situation must be taken into account, but this is not considered to be a key factor in determining the minor ' s place of residence; the court must find out whether the child can be provided with appropriate emotional comfort; the minor ' s opinion from the age of 10 must necessarily be taken into account;
• Article 80 of the Code of Criminal Procedure requires parents to provide maintenance for their children; if the parent refuses to provide the child voluntarily, the child shall be given a compulsory alimony;
• division of common property - it is equally divided or, subject to additional circumstances, shares in common property may be unequal.

The amount of maintenance referred to in the agreement depends on the level of material security of the recipient ' s family; it should normally be no less than the subsistence minimum per child established in a particular entity of the Russian Federation.

The child ' s place of residence must be determined in the light of the parents ' availability of accommodation or the possibility of renting it; the dwelling must not be dilapidated or emergency; the place of residence may also be determined with one of the parents if the child owns a dwelling or a part thereof.

The distribution of property by contract takes into account the fact that the spouses also have personal belongings, including property that the spouses had acquired before the marriage, free of charge and household goods, except luxury goods.

The court may award unequal shares to the spouses when it is established that one of them does not receive the income for an unrespectable reason; for the benefit of the minor, the individual property may be transferred without adequate compensation to the parent with whom the child will live; and the contribution made in the child ' s name by the husband ' s and wife ' s joint money shall remain in the minor ' s possession.

Non-judicial agreement

If the spouses have common children under the age of 18 years, the husband and wife will have to apply to the court (or a claim in the absence of one of the spouses ' consent to divorce and disputes) under articles 20 to 22 of the Code of Criminal Procedure.

The law does not limit the spouses ' right to enter into an agreement on the residence of common children; they may prepare a document in free form, but it is desirable to adhere to the following structure of the agreement:

• Date and place of issuance of the document;
• Information on spouses - F.I.O., residence;
• Information on children - personal data, their place of residence;
• Agreement on who children remain to live with after divorce in court;

This may limit the content of the agreement, but the UK does not prohibit supplementing the document with child support clauses or with a spouse in need of material support.

She may receive a pregnant wife as well as a common-child spouse up to the age of three, and may file a claim for maintenance upon dissolution of the marriage with the court, which must be specified in the application.

The court may then order the spouse living apart from the child to pay maintenance to the minor and his mother.

All paragraphs of the agreement must contain precise wording and conditions; the address of the child ' s residence should be indicated in the document; the procedure for dealing with a minor ' s relationship with a parent who is forced to live separately may be specified; the spouses may specify the days of the week, the hours when the second parent may communicate with the child, either separately or in the presence of the second spouse.

All the terms of the agreement must be fully specified; the Court shall ascertain the parties ' position on the content of the instrument and approve the agreements by its judgement.

An agreement on the child ' s place of residence does not prevent former spouses from challenging early agreements through the courts; this is possible when it becomes clear that the spouse with whom the child is living has not faithfully performed his or her parental duties: abuse of alcohol, drug use, immoral behaviour.

It is not in the husband ' s favour that he be held criminally liable, and the second parent is entitled to apply to the court for a change in the place of residence of the common child.

An action may also be brought if the parent with whom the minor is present is found to be incompetent or not at all (including where the absence is confirmed by a court decision).

Whether a non-judicial agreement is required to be certified by a notary, the law provides for such a possibility, but the UK specifies the mandatory notarized form of the maintenance agreement or the division of the common property of the spouses.

Nuances of the implementation of agreements between spouses

The terms of the agreement, including those approved by the court ' s decision on divorce, may be enforced.

The parent should seek the assistance of the bailiff for the transfer of the child, the recovery of maintenance and the recovery of the awarded property or its value; all actions are carried out in the context of the execution proceedings.

The child may be handed over to the parent following the actual departure of the bailiff from the place of residence of the parent who unlawfully detains the minor.

A parent living apart from a child has the right to demand that the procedure of communication with a minor also be enforced, and serious abuses, conflicts and disagreements may arise in the event of divorce.

In a disputed situation between spouses unable to agree on their own place of residence for a common child, the support of a qualified lawyer is desirable.

Recent developments

No significant legislative changes were envisaged in 2023.
Our experts are tracking all legislative changes to provide you with reliable information.

Agreement on Children in Divorce: 2023 sample, to be confirmed by a notary

In the case of minor children, divorce proceedings are only possible through the courts.

This provision is enshrined in the country ' s family law and is intended to protect children ' s interests in the event of divorce.

In order to avoid lengthy legal proceedings, the spouses may conclude an agreement on children in divorce, which will be approved by the court and incorporated into other case files.

The concept of agreement

The Children ' s Agreement is a document concluded between divorcing parents, which must be approved by a court; the legislative acts do not specify the form and content of the document; it may contain any conditions relating to the life, residence and maintenance of minor children; nor does it establish the title of the document.

It may vary according to the parameters and issues defined by the agreement:

• Agreement on the place of residence of children;
• On the transfer of maintenance;
• The parents of the child;
• on the rules of upbringing, communication between parents and children, etc.

In writing an agreement, the following principles must be observed:

• Voluntary arrangements;
• Compliance with the provisions of the Family Code;
• Creating a child-friendly living and living environment.

Formation of the document

The agreement is written at the time of the dissolution of the marriage; the agreement may be entered into prior to the filing of the claim before the court and attached to the action; it is also allowed during the divorce proceedings, but before the judgement is rendered.

Although there are no clear legal requirements for the content of the document, the writing should follow a certain procedure, in which case the court would have no questions as to its validity, and the agreement should contain the following information:

1. Name of official paper;
2. Place and date of discharge;
3. Information on the parties to the agreement (parents): FIO, date of birth, passport details, address data (propiska, residence);
4. Information on minors: FIO, date of birth, place of residence;
5. References to legislation defining the legality of the instrument;
6. The authority and obligations of parents.

The following provisions of the document are included in the last paragraph:

• Recommendations to the mother and father on the exercise of the rights and obligations of the parent;
• Frequency and amount of maintenance payments;
• The procedure for meetings with children (periodicity, duration, time, telephone time);
• The implementation of the educational process;
• Participation in the education of children (choice of kindergartens, schools, clubs, sections);
• Provision of additional financial assistance to children for treatment, rest and so forth.

Model agreement:

Pick up a sample of the divorce agreement.

The document also defines the means of resolving disputes between parents; the agreement must have a period of validity (up to 18 years of age); the official signature of the mother and father is completed.

Value of maintenance payments

If the agreement is to specify the amount of maintenance payments in favour of minors, the legislative provisions should be taken into account; the document should include a sum equal to the amount that the court could have ordered; under article 81 of the family law, the amount of maintenance may not be lower than:

• 25 per cent of the child ' s earnings;
• 33 per cent of the income of two-year-olds;
• 50 per cent of the wages of three or more children.

Notarization

The mother and father may give a verbal notice of their agreement to the court; the law does not provide for the existence of a written form.

Any oral statements made by the participants in the proceedings are recorded in the judgement, but there may be problems when disputes arise after the proceedings, and they will have to be referred back to the court.

It is therefore recommended that the agreement be drafted in writing.

The only case in which an agreement is to be certified by a notary is the existence in the document of a paragraph on the manner in which maintenance payments are to be paid; the notary ' s assurance will give legal effect to the agreement; it will be used as an executive list when applying to the bailiff ' s office for maintenance.

Number of agreements

Parents may make several agreements or avoid one document. Legislation does not impose restrictions. For example, one agreement may determine the frequency of meetings with children, another may specify the manner of alimony payments and so on. Also, a separate document may be drawn up for each offspring.

Judicial confirmation

If the agreement is in writing, the document is attached to the claim; in the course of the proceedings, the conformity of the document with the law will be determined; and the court will also verify that the rights and interests of minors are respected.

If the children of divorcing parents are over 10 years of age, the court will hear their opinion; therefore, it is worth taking into account the wishes of minors before drafting the document; if it is found in court proceedings that the document is not in accordance with the law and children ' s interests, the life and content of the offspring will be decided by the court on their own.

Refusal by parents to comply with the terms of the agreement

The children ' s agreement is binding on each parent, and they are required to comply with each paragraph of the document, but if the father fails to pay maintenance payments or the mother fails to comply with the paragraphs concerning the father ' s communication with the children, the other party may:

1. Formulate a claim to the court to obtain an executive notice;
2. to appeal the agreement.

Claims before the court

The statement shall contain the following information:

• The "head" of the document should contain the name of the court (to be referred to the court where the divorce proceedings took place), the OIE and the address of the plaintiff and the defendant;
• The text of the claim will need to indicate the date on which the agreement was issued;
• The paragraph that is violated by the respondent should be indicated below.

The plaintiff will receive an executive notice after the relevant resolution of the judge without trial, but if the judge deems it necessary to hold a trial, a date will be set.

An executive list should be sent to the SPF, an application for enforcement proceedings against the defendant should be made and the documents handed over to the bailiffs.

Procedure for appealing the agreement

An appeal against the agreement should commence within 15 days from the date of the judgement.

For example, an appeal may be filed if one of the parents has signed a document to expedite divorce proceedings.

The agreement will also be declared null and void if signed by the representative of one of the parents, but the term of the power of attorney to represent the interests of one of the parties to the proceedings has expired.

Let's sum up.

The divorce agreement was therefore intended to speed up and simplify the divorce procedure; if the divorced spouses had reached an agreement, it should be written.

If you want to know,How to solve your problem -- you can use the online consultant's form downstairs or you can call on the phone.:

Agreement on the residence of children after divorce

An agreement on children in divorce may only be drawn up in a notary form; the law does not impose mandatory requirements on the contents of the document; each of them reflects provisions that parents considered to be important.

However, the basic points are the place of residence, the manner of communication with the child, and the amount of maintenance to be paid in favour of the minor, and in some cases also in favour of the disabled parent with whom the child is left to live.

Requirements of the law

Divorce is no less a responsible step in the life of spouses than entering into a formal relationship, a decision that is not made one day, and divorce may take several months, especially if underage children are brought up in the family.

The main requirement of the law, upon the dissolution of the marriage of spouses with joint children, is that the judicial branch be able to examine in detail and comprehensively the identity of the parents and decide which one of them will be given a more comfortable living environment.

The divorce procedure in a court of law may be different and will be completed as soon as possible if the spouses are able to reach a preliminary consensus on all matters that determine the future of life and the upbringing of a joint child.

Nuances:

• Even in the absence of any disagreement or conflict between spouses raising children under the age of 18 years, divorce is permitted only in court;
• There are exceptional grounds when the spouse may request the dissolution of a formal union in the registry and unilaterally:

1. The existence of a judicial verdict recognizing the second side of the marriage of the deceased, missing, incompetent;
2. Bringing the spouse(s) to justice and imprisonment for a period of three years;

• Marriage shall be dissolved in a general manner if:

1. Children brought up in the family are not joint (general);
2. The child has undergone emancipation.

Features of the document

The Children's Agreement is a document that facilitates the voluntary will of each parent on the following points:

• Place of residence of the child;
• Joint timing, duration and frequency of meetings;
• Participation in education;
• Exercise of parental rights and duties.

The agreement shall be finalized only in the presence of a notary, who shall certify the final sample.

The spouses may resort to the above procedure in one of the following periods:

1. Preliminarily, before resorting to a justice representative (such actions would reduce the divorce process);
2. At the time of resolution of the dispute in the court.

The document is valid only if it is expressed in writing and is certified by the notary ' s seal and signature; the law does not give legal effect to oral agreements between parents.

Contents of the agreement

Following the decision to terminate the relationship and the absence of disputes about the children, it is advisable for parents to go to a notary office, and it is important to take into account the following points:

• The spouses must arrange for a personal appearance or a representative of the power of attorney;
• The preparation of the document takes place in the presence of the parents at the same time (the agreement will not be confirmed if the procedure is monitored by only one spouse and the second will appear after some time).

Every child agreement is a document that is prepared in accordance with private requirements and contains individual conditions that parents felt needed to cover on paper.

The basic content of the agreement is expressed in the following paragraphs::

1. Name of document;
2. Date and place of writing;
3. Data on parents and children for whom a conditional document has been initiated;
4. Reference to the legal framework governing such legal relations;
5. Rights and duties of legal representatives;
6. Place of residence of the child (with which parent the child will live on a permanent basis);
7. The time of the child ' s meeting with a second parent living separately;
8. Maintenance burden:............................................................

• Which of the parents is responsible;
• The amount to be paid;
• In what form (if natural form is provided);
• Periodicity of detention;

1. The exercise of parental rights and duties by each of the legal representatives;
2. Ways of resolving possible disputes;
3. The period of validity of the document;
4. Signature of parents and notarization marks.

Action algorithm

1. The emergence of reasons for the initiation of divorce proceedings;
2. Discussion by the spouses of the child ' s future life;
3. Consensus on the child ' s upbringing, maintenance and residence;
4. Selection of a notary office;
5. Preparation of necessary documents;
6. Personal appearance at the notary;
7. Interview with an authorized professional and explain the reasons for the treatment;
8. The notary ' s explanation of all the consequences that arise after the drafting of the children ' s agreement;
9. Introduction of the documents submitted by the spouses;
10. Formation of the agreement;
11. Provision of a document to inform parents;
12. The signature of all present — parents and notary;
13. Payment of the notary ' s actions according to the established tariffs;
14. The issuance of a final form to parents and the retention of a similar document in a notary/archive;
15. The determination of the court responsible for the divorce proceedings;
16. Preparation of the statement of claim;
17. Payment of State duty;
18. Preparation of the required paper volume;
19. The appearance at the interview and subsequent court hearings;
20. Bringing an agreement on children to the court;
21. The court ' s study of the child ' s preferences (the child ' s view is taken into account if he or she has reached the age of 10);
22. The adoption of a final verdict;
23. Entry into force of the court decision;
24. Applying the civil registry to obtain a certificate confirming the termination of the marriage.

Important points

• Each parent has equal rights in the care, upbringing and participation of the child, and any opposition of one of the legal representatives is therefore considered unlawful;
• As a rule, an agreement on children is concluded until they reach the age of full legal capacity;
• If two or more children are in the care of parents who request divorce, the above-mentioned agreement should be drawn up for each individual;
• The law does not prohibit legal representatives from forming a document themselves and subsequently certifying the notary to the notary, but if it is not in conformity with the legislative requirements, the performance of the prescribed acts will be refused;
• The original document must be in the hands of each of the spouses;
• The cost of notary services may vary from 500 to 3,000 roubles.

With whom will the child remain if no agreement is reached

The law shows that the court is more likely to leave the child(s) in the care of the mother, since the woman is more sensitive to the child-rearing process and is very sensitive to the needs of the child.

In the event that the parents have failed to reach an agreement on the child ' s extrajudicial residence, the following factors shall be taken into account in determining the legal representative with whom the child will live on a permanent basis:

1. The child ' s preference (which of the minor ' s legal representatives has a great deal of affection);
2. The way of life of each parent;
3. Physical capacity of legal representatives;
4. The existence of circumstances preventing co-habitation (chronic diseases, mental disorders, aggression, criminal record);
5. Material component (income level and financial stability);
6. Housing conditions (conformance of the dwelling/home with housing standards, availability of sufficient space for the comfort of the child);
7. The characterization of each parent.

Documents for downloading:

A model of a settlement agreement for children in divorce. To download the form of the claim for the child ' s place of residence.

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