In a divorce case usually the plaintiff's attorney will write the divorce settlement (sometimes referred to as property settlement agreement, "PSA"). There is no rule that dictates this but it is the customary practice. That said, there are times when defendant's counsel may want to write it. Perhaps defendant's attorney is more comfortable writing it or understands it better. It may be as simple as the defendant's attorney has better notes to work with when writing the PSA. Sometimes, the choice of which attorney will write the agreement is decided by which party has the money to pay for the work.
Once the PSA is written it is then reviewed by the other attorney and their client and they may request changes. Also, the negotiation process may continue with changes being made.
I hope this is helpful.
Helayne Weiss
http://www.herbertweisslaw.com, 201-440-6300
Answered on Dec 07th, 2012 at 12:27 PM