{4:00 minutes to read} I often caution clients against including language in their agreement which is basically just an agreement to agree: anything that begins with “The parties will agree upon…” or “The parties agree to review…” But it depends on the issue and on the couple.
Sometimes it makes sense not to spend an enormous amount of time either on something that is not all that contentious or something not likely to happen. Other times, though, leaving big decisions for the future is just putting off an inevitable conflict that should be addressed now.
Here are some examples of terms that may or may not need to be spelled out completely, depending on the term and the couple.
Hours of Access and Holiday Sharing
There are couples who are capable of having a parenting plan that leaves the hours for access on a particular day or the holiday schedule as “agreed upon.” Others clearly need to have exact hours for pick-up and drop-off as well as a detailed holiday plan to avoid future conflict.
Process for the Sale of a House
When discussing terms for the sale of a jointly owned home, I’ll ask the couple if they believe that they can agree upon a broker, a listing price, reductions to the prices, an accepted offer, etc. It’s obvious that some will have no problem with “as agreed upon,” and equally obvious when the agreement needs to be detailed as to who the broker will be, how reductions will be made, and what offers must be accepted.
College
Future Income Tax Filings
If the parties expect to be married at the end of the year, we’ll discuss whether or not they will file a joint income tax return. Some couples can easily make that determination at the time of filing, but others may need to have a more detailed process for how that determination will be made.
No one can definitively predict what future circumstances will bring or what level of conflict will arise, but I do trust that the couple, especially those who choose to mediate, are capable of determining in what areas they anticipate conflict and in what areas they will be able to agree. Their agreement can then reflect that.