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Difference between revisions of "How Do I Change a Family Law Agreement?"
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How Do I Change a Family Law Agreement? (view source)
Revision as of 19:26, 27 April 2013
, 19:26, 27 April 2013→Making the new agreement
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==Making the new agreement== | ==Making the new agreement== | ||
Since, in most cases, the original agreement is being kept, changes to that agreement are made in new agreements called "amending agreements", "addendum agreements" or some other language to that effect. The new agreement is a separate contract | Since, in most cases, the original agreement is being kept, changes to that agreement are made in new agreements called "amending agreements", "addendum agreements," or some other language to that effect. The new agreement is a separate contract that says in what ways the original contract is being changed. The new agreement <span class="noglossary">will</span>: | ||
*state, in the recitals, the name and the date of the agreement | *state, in the recitals, the name and the date of the agreement that is being changed, | ||
*briefly, also in the recitals, explain why the change is necessary, and | *briefly, also in the recitals, explain why the change is necessary, and | ||
*state, for each change, the paragraph affected in the old agreement and how that paragraph is to be changed. | *state, for each change, the paragraph affected in the old agreement and how that paragraph is to be changed. | ||
You might handle the first and second points by saying something like this: "this agreement amends the Separation Agreement executed by the parties on 1 April 2010" | You might handle the first and second points by saying something like this: "this agreement amends the Separation Agreement executed by the parties on 1 April 2010," and "following the execution of the Separation Agreement, the schedule of the parties' parenting time has become unworkable as a result of certain changes in their hours of employment." | ||
The individual changes might be handled like this: | The individual changes might be handled like this: | ||
<blockquote><tt>4. Paragraph 12 of the Separation Agreement <span class="noglossary">will</span> be cancelled and is replaced with the following:</tt></blockquote> | <blockquote><tt>4. Paragraph 12 of the Separation Agreement <span class="noglossary">will</span> be cancelled and is replaced with the following:</tt></blockquote> | ||
<blockquote><blockquote><tt>"Sally <span class="noglossary">will</span> return the children to Harry's care at | <blockquote><blockquote><tt>"Sally <span class="noglossary">will</span> return the children to Harry's care at 7:00pm or at the end of the evening shift, whichever is earlier. Sally <span class="noglossary">will</span> give Harry 24 hours notice in the event she is scheduled to work the evening shift on the days she is to return the children to Harry's care."</tt></blockquote></blockquote> | ||
<blockquote><tt>5. Paragraph 36 of the Separation Agreement <span class="noglossary">will</span> be replaced with the following:</tt></blockquote> | <blockquote><tt>5. Paragraph 36 of the Separation Agreement <span class="noglossary">will</span> be replaced with the following:</tt></blockquote> | ||
<blockquote><blockquote><tt>"Sally <span class="noglossary">will</span> pay child support to Harry in the amount of $425 per month for | <blockquote><blockquote><tt>"Sally <span class="noglossary">will</span> pay child support to Harry in the amount of $425 per month for as long as the children remain children of the marriage as defined by the ''Divorce Act''."</tt></blockquote></blockquote> | ||
The key points here are that you must specifically identify the parts that are to be changed and how they are being changed, and the new language must be as clear and unambiguous as the language of the original agreement. | The key points here are that you must specifically identify the parts that are to be changed and how they are being changed, and the new language must be as clear and unambiguous as the language of the original agreement. | ||