If only one party has an attorney, an agreement may be drafted by that attorney and presented to the other party for approval and endorsement. In the alternative, if both parties are represented by counsel, the agreement may be drafted and negotiated between the attorneys.
In mediated cases, the Property Settlement Agreement is prepared by the mediator and is referred to as a Memorandum of Understanding. However, parties to a mediated case should have an attorney review the Memorandum of Understanding prior to signing it.
In most cases, the execution of a Property Settlement Agreement relieves the parties of the necessity of a court appearance.