School evenings, weeknights, and weekends
School recesses – Winter and Spring
Birthdays of Parents/ Child[ren]
Telephone/e-mail/texting access to the child[ren]
Transportation between households
Travel away from home with the child[ren]
Etiquette (rules) for visits, cancellations
Changes to the schedule at future times
Joint agreement, consultation, or sole authority for decisions on:
Medical care (non-emergency or elective)
Mechanisms for sharing information about the child[ren]
Receiving records and reports from physicians, dentists, etc.
Receiving reports and notices from schools, teachers, etc.
Rules or adjustments for change of child[ren]‘s residence
In event of the death of both parents
Interactions with Grandparents and other family members
Introduction of New Partners/Step Parents
Identification of all assets
Classification of assets as Marital or Separate
Evaluation, and date for valuation of assets
Who, if either, stays ? If retained by one, what and when paid ?
If to be sold, when ? sales price ? division of proceeds ?
OTHER REAL PROPERTY
Time Share / Weekend or Country house
Sale, share or buy-out ?
Investments — mutual funds, stocks, bonds
Life Insurance (cash value)
Household furnishings / Personal effects
CONTRIBUTIONS TOWARDS BASIC COSTS
Basic Support Under the Guidelines
Calculation of needs by Budget
Adjustment upon the emancipation of each child
Cost of Living Adjustments
Modifications at future time/upon each child’s emancipation
Private school tuition
College tuition and costs
Health Insurance: whose plan? who pays? what reimbursement procedures?
Uncovered expenses and deductibles
Costs for both parents to work
Allocation of annual benefits
Provisions for the child[ren]
SPOUSAL SUPPORT (MAINTENANCE / ALIMONY)
Cost of Living adjustments
Modification for future changes
Co-habitation definition and effect
SPOUSAL SUPPORT PAYMENTS — deductible to payor, but income to recipient
DISTRIBUTION OF PROPERTY — no capital gains taxes due upon changes in title
BASIS ISSUES — any appreciated assets ?
CAPITAL GAINS ISSUES — from sale of marital home, or other assets
TAX RETURNS – how to file for Current / Future years
LIFE INSURANCE — what is needed to underwrite future obligations ?
LEGAL REPRESENTATION — utilized or waived ?
MEDIATION AND COUNSEL FEES — how to cover ?
DISPUTE RESOLUTION — mediation clause for future issues ?
RELIGIOUS DIVORCE — any agreement required ?
SEPARATE LIVES – Living independently, as if unmarried
ESTATE WAIVERS – Right to leave estate without restrictions
RELEASES – No lawsuits for other claims
COUNSEL FEES FOR BREACH – Attorney’s fees awarded for non-compliance
CHOICE OF LAW PROVISIONS – New York law applies
FULL DISCLOSURE – No further, formal discovery needed
FUTURE DEBTS – No spousal responsibility for any new debts
SURVIVAL, NOT MERGER, OF AGREEMENT – Agreement binding after divorce
COUNTERPARTS – Separate signatures allowed
Irretrievable Breakdown of the Marriage (for six months)
Conversion Divorce (one year after Agreement)
DIVORCE ON FAULT GROUNDS
Cruel and Inhuman Treatment
Imprisonment for Three Years
Health Insurance Coverage