If my wife and I are getting a Delaware divorce and we just wrote up our own marital property division agreement, is that OK?

We were recently asked this question: My wife and I have decided to get a divorce. In fact, she already filed. We are separating on good terms. We don’t own any real estate or anything of great value, and we drafted up a written contract that says what things each of us gets. Is that OK for purposes of a Delaware property division or should we both hire lawyers?

We think you are doing this the right way if you are able to amicably divorce and divide your marital assets. That said, we would advise you to get a consultation with a lawyer in your area who handles divorce and family law. At your consultation, you can tell the lawyer about your understanding of the agreement and your intentions that led you to draft the agreement, and have the attorney review the agreement to make sure it does what you intend it to do. Going through a divorce and property division is a very important life event, and you get only one chance to get it right. So you should probably go ahead and meet with an attorney that knows what they’re doing and who can advise you about any problems that you may run into by doing this yourself. That way, you can make sure that you are protected.

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