Unique Provisions in Divorce Agreements

by Mark Chinn

 

Over the last 33 years, I have observed and noted problems which has arisen with the way agreements are drafted:

• There are the clients who don’t understand the process and get mad when a divorce is not entered exactly 60 days after filing. 

• There are the nagging disputes between divorced spouses over care of the children, such as whether they are being properly seat belted.

• There are also issues regarding the details of how to handle payment of medical bills or college expenses.

We have developed unique provisions to address such issues.

For example, all attorneys know there are “rules of construction” in the interpretation of contracts and agreements. These rules call for the Court to first see if the language is clear without further testimony. If the language is not clear, the Court might hear testimony as to the intent of the parties. If the intent is still not clear, the Court will interpret the agreement against the drafter of the Agreement.

In divorce cases, one attorney is usually charged with the actual typing of the agreement. But interpreting the agreement against the attorney typing the agreement is often not fair, because the mere typer of the agreement doesn’t have total control over the language. Instead, the language is the product of compromise. Our firm utilizes the following language to protect ourselves when we assume the responsibility for the actual typing of the agreement: 

Future Interpretation. Both parties agree that should any future dispute arise as to the interpretation of this agreement or any part thereof, the agreement shall be construed as having been equally drafted by both parties as if each party drafted each and every word and, therefore, should not be construed against a party because that party actually prepared the agreement.

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Meet Mr. Chinn at the Family Law Update seminar in Jackson in January 2012 and learn from his expertise. This program is designed to provide attendees with some of the unique provisions he has developed over the years.

About the Author: Mark Chinn, of Chinn & Associates, PLLC in Jackson, practices in family law. Mr. Chinn authored several books; many published by the ABA. He is a frequent speaker and contributor on the subjects of client relations, service, and law practice management in periodicals such as American Journal of Family Law; Family Advocate; Small Firm Profit Report; and Fair Share. Mr. Chinn has received distinction from the following: Top 50 Lawyers in Mississippi 2010; Mississippi Business Journal; Mid-South Super Lawyers®; and Best Lawyers® in America. He is a member of the Mississippi and American Bar Associations.