Agreement on children at dissolution of marriage: a sample. Agreement on children in divorce

Divorce is almost always a huge problem, disputes and proceedings. You can avoid most of the incidents and troubles, if it is a childless couple. They get divorced easier. But in the presence of underage children (relatives or adopted children), it is more difficult to do. Mainly because of the resolution of disputes related to the kids. For example, parents can not decide who the children will live with, how they will see their second parent, and so on. In this case, it is recommended to think carefully and draw up a special agreement. What does his pattern look like? The agreement on children under divorce is what will be discussed later. We have to understand the rules of drafting the document, its execution, entry into force and appeal. Only in this case it is possible to say with certainty that disputes related to children during divorce will be settled by 100%.

Methods of confinement

It is important to remember that spouses who have a common property or children under the age of 18 (or 16 with emancipation) must be divorced in court. It is necessary. Even if the husband and wife have no complaints against each other or other disputes. To confirm this fact, we will have to draw up a special document. How will the sample look like? The agreement on children under divorce is the one that attracts the most attention. It is up to him to compile further.

It should be understood that such agreements can be formalized:

1. In advance at the notary. So it is suggested to do couples who do not have disputes in practice. In real life, such a scenario is extremely rare.
2. During the trial. The most common way to conclude an agreement on children. It differs little from the previous one. Is that the trial will be postponed for a while.

There is no way to formalize an agreement on children. All other interpretations of the document are not valid.

Presentation form

How to make an agreement on the content of the child in a divorce? A sample of this document will be presented later. First you need to understand what recommendations and tips to follow when creating a document.

Important: the agreement is made only in writing. Oral 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 the peace agreement in writing. It will have the power of judgment.

Terms of agreement

In some cases, the parents of underage children have no idea how to divorce them correctly. What to indicate in the mentioned document? Which items will have his correct pattern? The agreement on children in divorce usually consists of resolving several issues.

Parents should find out:

1. With whom will the children live after the divorce. In calculation it is necessary to take not only the desires of parents, but also children. Their affection can play a decisive role. The financial position, housing conditions and convenience of location in relation to schools, gardens and other institutions are taken into account.
2. A schedule of meetings of children with a parent with whom they do not live. Solving this issue will greatly facilitate life.
3. Issues related to the performance of parental responsibilities. Even after the divorce, parental rights and duties must be respected. The agreement on children prescribes the norms for their implementation.
4. The material side of the question. Both parents must compulsorily keep all their underage children. Therefore, the agreement prescribes exactly how this duty will be realized. Most often in practice, a parent with whom children do not live pays maintenance support. It is recommended that you specify the amount of the corresponding payments or replace them. For example, the transfer of property to children.

Perhaps, these are all issues that are considered in the document under study. The list is not exhaustive - all families are individual. Therefore, every model of the agreement on children after the divorce can be called unique. He will shed light on a variety of issues related to the upbringing and maintenance of minors, but these points are mandatory.

How much to conclude

Sometimes the question arises - how many agreements will have to be made. The legislation of the Russian Federation has no instructions on this topic. It can only be said that the models of agreements must be both with the court and with both sides. Accordingly, the minimum number of documents - 3 pieces. And this is only on the condition that the agreements prescribe all controversial issues related to children.

In practice, the number of documents can be different. For example, agreements are made common or on specific issues - on the payment of alimony, residence, the order of meetings with the second parent.

Some recommend that a child agreement be drawn up separately for each minor during the divorce. A measure is optional, but it is allowed. In practice it is rare.

How to compile

From now on, some rules for the settlement of disputes involving minors are clear. How will the corresponding sample document look like? The agreement on children in divorce does not have any significant instructions regarding the content of the paper. The parties prepare the document in free form.

Despite this, it is recommended to submit a paper written in accordance with the rules of document circulation. This formality is practically always observed in practice.

If the spouses are not sure of their abilities, then they can turn to legal or notary offices for help. They will help to write the agreement on the child's living after the divorce as wisely as possible. The sample document presented below is just a template that is allowed to be guided. It is not exhaustive.

Document structure

But first you need to study the structure of the agreement. It will help the couple understand how to correctly and correctly compile a document without outside help. The family should consider the model of settlement in divorce with children necessarily. The same requirements apply to paper.

To date, an agreement to visit a child after a divorce (the sample is given below) usually contains:

• The "cap" of the document;
• name;
• The place and date of the agreement;
• Data on children (name, date of birth, address of residence);
• General provisions (references to laws and acts governing the relationship of parents and children in divorce);
• Rights and duties of spouses in divorce;
• The procedure for the implementation of parental obligations (all of the above nuances);
• How will the disputes be resolved between the mother and the father of children (in judicial or pre-trial order);
• The duration of the document (usually before the age of the babies);
• signatures of the parties.

The document is subject to general rules for the processing of business letters. This must be remembered for all citizens. So, for example, the "cap" agreement is drawn in the upper right corner of the paper, it contains:

• The name of the body to which citizens apply;
• Personal details of the parties;
• Information about the judge who is considering the dissolution of the marriage.

In fact, there is nothing difficult or special. The bulk of the problem lies in the solution of all previously listed issues between parents. If it is found, you can enter into an agreement. The child participates indirectly in this process - his opinion regarding the residence with a certain parent is necessarily learned by the guardianship authorities or the court.

Procedure

And how exactly is the document? For example, before the court session. To do this, you need to go to the notary. It is he who will point out the reliability of the document.

How is the agreement on the child's maintenance during the divorce? A sample document is presented below. The following algorithm of actions should be adhered to when concluding a document:

1. Collect a list of papers indicating paternity and maternity (birth certificates, spouses' passports, marriage certificate). It is desirable to prepare documents that emphasize the financial situation and the right to housing.
2. Write the text of the agreement. It can be created directly at the notary.
3. To come to the notary's office and sign an agreement. The notary will put his signature on the document as a token of his authenticity.
4. Pay for the services of an authorized person.

Almost as it is necessary to act at the conclusion of a paper in court. It is necessary:

1. Collect all previously listed documents.
2. Write the text of the agreement. Preliminary to report on the willingness to come to a consensus.
3. Present to the judge a document and a package of securities that was listed before.

In fact, everything is easier than it seems. It is clear how the treaty on children is drawn up.

Sample

What does his pattern look like? The agreement on children in case of divorce can be approximately the following:

By 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 communicating with (IO and the data of underage children) .

1. Spouses agree that after the dissolution of the marriage, the children will live with their mother at the address: (address of the mother's residence).
2. Without the consent of the father, the mother has no right to change her place of residence.
3. The father has the right to communicate with children and their upbringing on a par with mother.
4. The mother of children should not prevent the father from communicating with the children without good reason.
5. The father can communicate with minors at any time. Meetings are allowed weekly from 14:00 to 17:00, taking into account the schedule of work of the father and children in the territory of the residence of minors in the presence of the mother. Meetings without the participation of the mother are possible with the consent of the former spouse.
6. All memorable dates and holidays children can spend with their father from 10:00 to 12:00. This rule also applies to the vacation time of students on weekends.
7. Since the dissolution of the marriage, the father has transferred 15,000 rubles a month for the maintenance of children. The sum is indexed annually.

We ask the court to consider this agreement and approve its validity before the children reach the age of 18.