Agreements after Separation: Difference between revisions
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Drafting a separation agreement is something that requires a great deal of skill and a solid understanding of family law and contract law. While kits are available that can guide you in drafting an agreement, when the content of the agreement is anything other than completely straightforward, I highly recommend that you hire a lawyer to deal with the matter. | Drafting a separation agreement is something that requires a great deal of skill and a solid understanding of family law and contract law. While kits are available that can guide you in drafting an agreement, when the content of the agreement is anything other than completely straightforward, I highly recommend that you hire a lawyer to deal with the matter. | ||
Once both parties are content with the text of the agreement, they must each take the agreement to their respective lawyers | Once both parties are content with the text of the agreement, they must each take the agreement to their respective lawyers — or to any lawyer, for that matter — for advice on how the agreement affects their legal rights and the options they may have open to them if they don't sign the agreement. This is called getting ''independent legal advice''. This stage is critical for three reasons: | ||
#If you are entering into an agreement | #If you are entering into an agreement that will resolve a legal problem, you must know how that agreement affects the rights you would have had if you had pressed on with a court proceeding. | ||
#You must understand the obligations and rights you have under the agreement. | #You must understand the obligations and rights you have under the agreement. | ||
#It stops either party from claiming, later on, that the he or she didn't know what the agreement meant or that the party was at a disadvantage because the other party's lawyer drafted the agreement. | #It stops either party from claiming, later on, that the he or she didn't know what the agreement meant or that the party was at a disadvantage because the other party's lawyer drafted the agreement. | ||