From mediated terms to a signed agreement
Mediators often summarize the result in a memorandum of understanding, which may or may not be binding depending on how it is written and signed. In New York, the terms usually need to be set out in a formal settlement agreement, signed and acknowledged like a deed, before they are enforceable in the divorce. That drafting step is where vague phrases from the sessions have to become precise. A term that simply says the retirement accounts will be split, for instance, needs a valuation date and a method before a plan can act on it. Drafting is also the moment when issues nobody raised in the sessions tend to surface.
Reviewing the draft before you sign
Each spouse is usually encouraged to have an independent lawyer review the agreement before signing, and that review is most useful while it can still change something. We look at whether all assets and debts are covered, whether the maintenance and child support figures are explained, and whether any rights being given up were understood. Gather the financial disclosure exchanged in mediation and any summaries the mediator circulated so the reviewer sees the full picture. Signing quickly to preserve goodwill is understandable, but corrections after signing are much harder to obtain.
Filing, and life after the judgment
Once the agreement is signed, the divorce is usually filed as uncontested, and the agreement goes in with the final papers for the judge to review and incorporate. After the judgment is entered, the mediated terms can be enforced like any other order, so a missed payment or an unsigned deed can be brought back to court. Some couples also build a return to mediation into the agreement for future disagreements about the children. In a first meeting we review where you are in the process and what remains to be drafted or filed. Bring the memorandum, any draft agreement, and the disclosure you exchanged.
