When and how to draw up a maintenance agreement

Chapters of the article

• Legal framework of the maintenance agreement
• Make a deal, avoid court
• How to make a maintenance agreement
• Even an out-of-court agreement has its pitfalls
• Practical tips for concluding a maintenance agreement
• Summary

A maintenance agreement often greatly facilitates the relationship between parents after separation or divorce. It regulates the financial support of the children and specifies the terms of maintenance without the need for court intervention. An out-of-court maintenance agreement is not only more flexible but also a quicker and cheaper alternative to court proceedings. Parents have full control over who will support their child and it often leads to better mutual understanding between parents in an already tense situation. We will be happy to help you draw it up.

The legal framework of a maintenance agreement

The Civil Code regulates the maintenance agreement. It sets out the rights and obligations of parents towards their children, including the obligation to provide maintenance. The obligation to financially support the children applies to the parent who does not live in the same household with the child. Maintenance is intended to ensure a sufficient standard of living for the child, according to the means of both parents. A non-legal maintenance agreement is legally binding if it meets all the requirements: it must be in writing, clearly state all the terms and conditions and ideally be approved by the court to be enforceable.

Make a deal, avoid court

If you can come to an agreement with your ex-partner, it is definitely worth making a maintenance agreement outside court proceedings. There are several advantages to going out of court:

• Flexibility: you can adapt the terms to your specific needs and agree on the amount and method of payment that best suits you.
• Speed: An out-of-court agreement usually takes much less time to conclude and set in motion; sometimes you can have everything settled in a week, whereas a court decision and all the processes involved can take several months.
• Lower costs: a maintenance agreement can be more cost-effective because you avoid court fees and the costs associated with legal services during the court proceedings.
• Better relationships: Litigation usually brings conflict between the two parents, but the process of negotiating an agreement is more amicable and leads to better cooperation between the parents and a positive impact on the children.

How to make a child support agreement

The first step you can’t do without is open and honest communication with the other parent. Discuss all aspects of child support together, including the amount, frequency and method of payment. Be sure to clarify how you will handle emergency amounts, such as school expenses, unexpected medical care, etc.

Once you are clear on the terms, you need to put them in writing. Put this in the hands of a lawyer who will clearly articulate all the arrangements and prepare the document to avoid future misunderstandings or disputes. Although you can draw up the agreement yourself, we still recommend that you at least have it checked by a lawyer to make sure that if the other party sabotages the agreement, you can enforce it legally. You may, but do not have to, have the agreement checked by a court. Court approval gives the agreement the form of a writ of execution, which means that the agreement can be enforced if not followed.

The agreement must include details of both parents, the exact amounts of maintenance, the date and method of payment, but also information about how things will be dealt with if there is a change in circumstances. These arise, for example, when one parent loses their job or their health deteriorates to such an extent that they are no longer able to pay the previously agreed amount, etc. Later adjustments can be made either out of court in the form of a new maintenance agreement or in court if you cannot find common ground and cannot agree on new terms.

Even an out-of-court settlement has its pitfalls

Even when entering into an out-of-court maintenance agreement, there can be various complications and risks. Among the most common ones, for which parents end up having to turn to a lawyer sooner or later anyway, are unclear or insufficiently precise wording of the terms. For example, if you don’t clearly define where the money is to go and how much is to come in, it will be hard to enforce if the former partner doesn’t pay. However, if the agreement is drafted in such a way that it is enforceable, do not forget your right to defend yourself against non-payment of maintenance by legal action.

Practical tips for making a maintenance agreement

• Be realistic about the financial capabilities and needs of both parents.
• Reflect the current situation in the agreement, but also prepare for possible changes in the agreement, such as employment, health or new expenses related to the children.
• Provide as much detail as possible, especially regarding the timing and amount of payments.
• Be as specific and clear as possible.
• If necessary, enlist the help of a third, independent party in the form of a lawyer who can help you reach an agreement as an impartial mediator.

Summary

A child support agreement is an effective and flexible way of arranging financial support for children following the separation or divorce of parents. It offers a number of advantages, the biggest being lower costs, speed of drafting and implementation, and the ability to tailor everything to the individual needs of the family. When drafting a child support agreement, care must be taken to ensure accuracy and all legal requirements are met in order for the agreement to be valid and enforceable. Compromise is always the best way to go, but if you can’t reach it together, don’t be afraid to seek legal help. An impartial professional can help you draw up a workable agreement that will provide financial support for the children, which is, after all, the most important goal in this process.