4 Things a Pre-Decree Divorce Agreement Should Include

“We will split things fairly” may sound like a good starting point for divorce discussions. It leaves plenty of questions unanswered, though. Which accounts are included? Who pays the mortgage while the house is being sold? How will school breaks affect the parenting schedule?

A useful pre-decree divorce agreement turns broad intentions into arrangements both people understand. Pre-decree means the divorce has not yet been finalized. Couples may discuss proposed terms before filing or while their case is pending.

The details depend on your family. Couples without children will not need a parenting plan, and spousal support is not part of every divorce. These four areas offer a starting checklist, rather than a list of terms every couple must adopt.

For an explanation of the process and documentation, read what pre-decree divorce agreements mean. Here, the focus is on the practical questions worth bringing to mediation.

1. Property and Debts

Begin with a clear picture of what you own and owe. The home and vehicles may be obvious, but savings accounts, retirement accounts, business interests, credit cards, and other loans also deserve attention.

Gather current statements and identify where a value, balance, or ownership question still needs clarification. The Illinois Courts’ financial affidavit resources can help you understand the financial information commonly organized in family and divorce cases.

Questions to discuss include:

• Which assets and debts need to be considered?
• Are current values and balances available, or is outside professional input needed?
• Will the home be sold, or is one spouse proposing to keep it?
• Who will handle agreed expenses while a sale or transfer is pending?
• What steps and proposed deadlines would make the arrangement work?
• Who needs independent advice about financing, taxes, or retirement-account transfers?

For example, agreeing to sell a house does not answer who will arrange repairs, communicate with the agent, or handle mortgage payments before closing. Identifying those details can prevent an apparently settled issue from becoming another disagreement.

The goal is to understand the proposal and its practical consequences. Your independent attorney and any appropriate financial professionals can explain the legal and financial requirements involved.

2. Parenting Responsibilities and Schedules

If you have children, think beyond a basic division of days. A parenting arrangement needs to function during school weeks, holidays, illnesses, activities, and changes in work schedules.

Depending on the state and circumstances, the terms used may include parental responsibilities, custody, parenting time, or physical placement. Independent legal advice can clarify how those terms apply to your family.

Useful questions include:

• How will regular weekdays and weekends be arranged?
• How will holidays, school breaks, and vacations be handled?
• Who will provide transportation, and where will exchanges happen?
• How will important educational and healthcare decisions be addressed?
• How will parents communicate about schedule changes and children’s needs?
• What happens when a child is sick or a parent is unavailable?

Specificity helps. “We will share holidays” can mean different things to different people. Discussing which holiday, what time the exchange occurs, and how the schedule fits the school calendar creates a clearer starting point.

Parenting discussions should focus on the children’s needs and the family’s circumstances. CEL’s parenting plan mediation helps parents work through these practical questions.

3. Child Support and Other Child-Related Expenses

Child support and the other costs of raising children deserve their own discussion. A proposed monthly payment does not necessarily answer how childcare, health insurance, uncovered medical costs, or activities will be handled.

Start with accurate income information and a realistic picture of recurring expenses. State rules and case-specific circumstances matter, so parents should obtain appropriate guidance about support calculations and legal requirements.

Questions to bring to the discussion include:

• Is the income information complete and current?
• What child support arrangement is being proposed for legal review?
• How will health insurance, childcare, and uncovered healthcare costs be addressed?
• Which school or activity expenses require advance agreement?
• How will receipts be shared, and when will agreed reimbursements be made?
• How will disagreements about a proposed expense be discussed?

A reimbursement arrangement, for instance, is easier to follow when parents know what documentation to provide and when payment is expected. An agreement to “split extra costs” may leave those details unclear.

Through child support mediation, parents can organize the financial questions and discuss proposed arrangements alongside their parenting plan.

4. Possible Spousal Support and the Household Budget

Spousal support, also called maintenance or alimony, is not automatically part of every divorce. Whether it is appropriate, and what terms may apply, depends on the relevant law and the couple’s circumstances.

Where support is being discussed, consider how the proposal fits each person’s income, expenses, and transition to a separate household. Questions may include:

• Does either spouse need independent advice about possible support rights or obligations?
• Are the household budgets based on realistic housing and living costs?
• If support is proposed, what amount, payment schedule, and duration need review?
• How does the proposal interact with other financial decisions?
• Are there questions about insurance, taxes, or future changes that require professional advice?

Avoid treating one financial issue in isolation. A housing proposal that appears manageable on its own may look different once insurance, debt payments, and other monthly expenses are included.

The Wisconsin Court System’s family forms include marital settlement documents addressing maintenance, property, debts, and child-related matters. Use official resources and independent legal guidance to understand the documentation applicable to your case.

Turn the Checklist Into Useful Mediation Questions

You do not need every item resolved before your first meeting. Bring the information you have, identify gaps, and write down the questions that concern you most.

Pre-decree divorce mediation gives both spouses a structured setting to discuss these issues with a neutral mediator. CEL documents understandings reached in a Memorandum of Understanding for independent review and the next stage of legal documentation. That memorandum is not the final court-approved divorce judgment.

CEL & Associates works with couples in Chicago and communities throughout Illinois and Wisconsin. Schedule a consultation to discuss the decisions ahead and whether mediation fits your circumstances.