Terms in a verbal agreement can range from insignificant items like who will receive the coffee pot or a certain wedding present.
Other terms can have a more immediate and necessary impacts like financial obligations to the children and home, if joint custody is an option, mortgage payments, medical expenses for the kids, child support or alimony payments.
Often times in divorce proceedings, things can turn hostile and oral or verbal agreements can change if a certain spouse isn’t happy with the current arrangement.
Because certain terms were verbally agreed upon with little to no document to prove it, the verbal agreements are often not enough to change the terms of a divorce agreement.
Verbal agreements can be just as binding as a written agreement, however, both parties need to truthfully acknowledge they have accepted and agreed to the terms when the verbal agreement was made.
It is imperative to create a written agreement at the beginning of separation or divorce and write out terms on all items.
Terms that cover all assets between spouses, taking care of and all expenses pertaining to children and payments made between each party, whether its child support or alimony payments. Verify that the written agreements include all financial obligations for both parties.
Enforcing an oral or verbal agreement can take more time to prove than an agreement that is written.
If an official agreement is not immediately possible, at least write down the basic terms of the agreement and get some form of acknowledgement about the terms of the contract from each party.
An email or text that sets forth the terms of the oral agreement and which advises that the party sending the email or text believes these are the terms of the agreement if the other person does not advise otherwise may prove to be sufficient evidence of an oral agreement.
Read more about Oral and Verbal Agreements in divorce: http://petronilaw.com/how-oral-and-verbal-agreements-work-in-a-divorce/