When to use a Heads of Agreement in divorce?

A Heads of Agreement is a document that is used to record the terms of agreement reached by divorcing spouses during negotiations over financial and property settlement. The purpose of the document is to provide a roadmap for finalising the agreement into a legally binding settlement by stating the intentions of both parties.

This is important when a divorce is in its early stages, and it is not possible to present a Consent Order to the Court as the Conditional Order has not yet been pronounced. By documenting the agreed terms early in the process, a Heads of Agreement can help avoid protracted disputes, and protects the interests of both parties.