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

Divorce is almost always hugeproblems, 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? Agreement on children in divorce - that's 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 havecommon 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 about 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 child'sdivorce? 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 tono 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, parents of minorschildren have no idea how to divorce them correctly. What should I 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 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 condition and convenience of location in relation to schools, gardens and other institutions are taken into account.
2. 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 of 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 consideredin the document under study. The list is not exhaustive - all families are individual. Therefore, each sample 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 items are prescribed necessarily.

How much to conclude

Sometimes the question arises - how many agreementswill have to make up. Legislation of the Russian Federation does not have any instructions on this topic. It can only be said that the models of agreements should 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 for divorce separately for each minor. A measure is optional, but it is allowed. In practice it is rare.

How to compile

Some rules of settlement are now understooddisputes related to minors. 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 shall make a document in free form.

Despite this, it is recommended to present 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 forthey can apply to legal or notarial offices. 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 structureagreement. 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:

• "header" 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 responsibilities of spouses in divorce;
• the procedure for the implementation of parental obligations (all of the above nuances);
• how the disputes between the mother and the father of children will be resolved (in judicial or pre-trial order);
• the duration of the document (usually until the age of majority of the children);
• signatures of the parties.

The document is subject to general rulesregistration of business letters. This must be remembered for all citizens. So, for example, the "cap" agreement is drawn up 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 recognized by the guardianship authorities or the court.

Procedure

And how exactly is the document? For example, before the trial. For this it is necessary 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 pointing to paternityand motherhood (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 from a notary.
3. To come to the notary's office and sign an agreement. The notary will put his signature on the document as a sign of its 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, which was listed earlier.

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 divorce can be approximately the following:

This document Ivanov Ivan Ivanovich (datapassport), 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 minor children), the maintenance of their maintenance and residence.

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's communication with the children without good reason.
5. A father can communicate with minors in anytime. 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 amount is indexed annually.

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