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Difference between revisions of "Family Law Agreements"
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→Drafting Considerations
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==Drafting Considerations== | ==Drafting Considerations== | ||
First of all, it is always best to have a | First of all, it is always best to have a lawyer prepare any sort of contract, including family law agreements. While the Self-Counsel Press forms will likely be considered to be legally binding, a family law lawyer will be best able to advise you of the duties and obligations involved in the contract, the rights you will be giving up by entering into the contract, as well as other unexpected but critical issues the agreement might involve, such as: | ||
income tax consequences; | #income tax consequences; | ||
the transfer of property; or, | #the transfer of property; | ||
liabilities to third | #dividing property located outside of British Columbia; or, | ||
#liabilities to third parties and creditors. | |||
If you can't hire a lawyer, here are a few things you will want to keep in mind. | |||
===Don't Use "Legalese"=== | ===Don't Use "Legalese"=== | ||
Some people are tempted to use words that sound particularly legal, like using the word "issue" to refer to children. Avoid this at all costs, and try to use plain language to express the content of your agreement. Words like "issue" have a particular legal meaning | Some people are tempted to use words that sound particularly legal, like using the word "issue" to refer to children. Avoid this at all costs, and try to use plain language to express the content of your agreement. Words like "issue" have a particular legal meaning — in this case first-generation, directly-descended heirs — that are often at odds with what people think the term means. As a result, if you use legalese there is a risk that your contract won't wind up meaning quite what you think it means. | ||
===Be as Clear as Possible=== | ===Be as Clear as Possible=== | ||
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Ask yourself these questions: | Ask yourself these questions: | ||
What would a complete stranger think of your agreement? | *What would a complete stranger think of your agreement? | ||
Would the stranger be able to understand what you mean? | *Would the stranger be able to understand what you mean? | ||
Are any parts of the agreement vague or capable of more than one meaning? | *Are any parts of the agreement vague or capable of more than one meaning? | ||
Do you understand what the agreement means? | *Do you understand what the agreement means? | ||
If a term of your agreement has more than one possible interpretation, it may lead to future conflict between yourself and the other party. If there are two cars, make sure each car is identified separately and distinctly, like "Jerry's Ford Pinto" and "Mary's Pontiac Sunfire," and always refer to those cars in that way, and never just as "the car." If a term might mean more than one thing, change it to be more precise and more specific! | If a term of your agreement has more than one possible interpretation, it may lead to future conflict between yourself and the other party. If there are two cars, make sure each car is identified separately and distinctly, like "Jerry's Ford Pinto" and "Mary's Pontiac Sunfire," and always refer to those cars in that way, and never just as "the car." If a term might mean more than one thing, change it to be more precise and more specific! | ||
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===Be Realistic=== | ===Be Realistic=== | ||
You've got to live with the agreement; make sure it is something you can live with, not just now but in three or five years. Make sure that the obligations you must fulfill under the agreement are | You've got to live with the agreement; make sure it is something you can live with, not just now but in three or five years. Make sure that the obligations you must fulfill under the agreement are obligations that you can reasonably fulfill. Promising to pay off a credit card within a year, for example, isn't always the easiest thing to do and it isn't always practical. | ||
Sometimes people who have separated are desperate to have done with it, to have a deal signed and finished. If you feel rushed into an agreement, step back and take two (or twenty-two) deep breaths. The world will not end if you take a moment or a week to think about something. It is critical that whatever you wind up agreeing to is something that you will still be okay with next month, next year and in ten more years. Be patient and take your time. | Sometimes people who have separated are desperate to have done with it, to have a deal signed and finished. If you feel rushed into an agreement, step back and take two (or twenty-two) deep breaths. The world will not end if you take a moment or a week to think about something. It is critical that whatever you wind up agreeing to is something that you will still be okay with next month, next year and in ten more years. Be patient and take your time. | ||