Difference between revisions of "Changing Family Law Agreements"
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A family law agreement can be changed by a later agreement. If the parties to an agreement both agree that the original agreement should be changed and on how it should be changed, the parties can sign a second agreement called an ''amendment agreement'', an ''amending agreement'' or an ''addendum agreement'' to the original agreement. | A family law agreement can be changed by a later agreement. If the parties to an agreement both agree that the original agreement should be changed and on how it should be changed, the parties can sign a second agreement called an ''amendment agreement'', an ''amending agreement'' or an ''addendum agreement'' to the original agreement. | ||
An agreement changing an agreement must refer to the original agreement and is usually titled something like "Amendment to the Separation Agreement | An agreement changing an agreement must refer to the original agreement and is usually titled something like "Amendment to the Separation Agreement made on 1 April 2010." Amending agreements are usually very short, as the idea is to change just one particular part of an agreement rather than to rewrite the entire original agreement. The amending agreement should specify which particular paragraph of the original agreement is being changed, and then set out the new text of that paragraph: | ||
<blockquote><tt>2. The parties agree that Paragraph 23 of the Agreement | <blockquote><tt>2. The parties agree that Paragraph 23 of the Agreement made on 1 April 2010 will be cancelled and be replaced with the following:</tt></blockquote> | ||
<blockquote><blockquote><tt>Sally will also have parenting time with the children beginning on Tuesdays at 4:00pm or the end of school to the following Wednesday at 9:00am or the start of school, whichever is earlier.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>Sally will also have parenting time with the children beginning on Tuesdays at 4:00pm or the end of school to the following Wednesday at 9:00am or the start of school, whichever is earlier.</tt></blockquote></blockquote> | ||
<blockquote><tt>3. Sally's income is $45,000 per year as at the date | <blockquote><tt>3. Sally's income is $45,000 per year as at the date on which this Amending Agreement is made. The parties agree that Sally's child support obligation, set out at Paragraph 28 of the Agreement made on 1 April 2010, will be $684 per month, commencing on the first day of the month following the month in which this Amending Agreement is made.</tt></blockquote> | ||
Just like the original agreement, the amending agreement must be signed by both parties in the presence of a witness, who watches each party sign the agreement and then signs the agreement him- or herself. | Just like the original agreement, the amending agreement must be signed by both parties in the presence of a witness, who watches each party sign the agreement and then signs the agreement him- or herself. | ||