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Difference between revisions of "Family Law Agreements"
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→Negotiating the Terms of an Agreement
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Family law agreements are about really important things like where the children will live, who will pay support to whom and how the parties will divide their property. As a result, the terms of the agreement are almost always the result of lots of talking and negotiating. It is critical that: | Family law agreements are about really important things like where the children will live, who will pay support to whom and how the parties will divide their property. As a result, the terms of the agreement are almost always the result of lots of talking and negotiating. It is critical that: | ||
#each person has all of the information that is necessary to figure out what's a good deal and what's a bad deal | #each person has all of the information that is necessary to figure out what's a good deal and what's a bad deal, | ||
#each person understands their legal rights and obligations to know what's a good deal and what's bad deal | #each person understands their legal rights and obligations to know what's a good deal and what's bad deal, | ||
#each person is able express his or her views and contribute to shaping the agreement | #each person is able express his or her views and contribute to shaping the agreement, and, | ||
#there is no pressure to reach an agreement beyond the importance of reaching a reasonable agreement and saving money on legal fees and court costs. | #there is no pressure to reach an agreement beyond the importance of reaching a reasonable agreement and saving money on legal fees and court costs. | ||
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This is fairly straightforward: | This is fairly straightforward: | ||
#you have to make full disclosure of your income, your expenses, your assets and your debts, and any other information that is important to the agreement | #you have to make full disclosure of your income, your expenses, your assets and your debts, and any other information that is important to the agreement, | ||
#you can't exploit the other party's weaknesses to get a good deal for yourself | #you can't exploit the other party's weaknesses to get a good deal for yourself, | ||
#you have to make sure that the other party understands exactly what the agreement means and how it will affect his or her life, both now and in the future | #you have to make sure that the other party understands exactly what the agreement means and how it will affect his or her life, both now and in the future, and, | ||
#you can't force or pressure someone to sign the agreement, you can't cheat someone into signing the agreement and the agreement must be reasonable. | #you can't force or pressure someone to sign the agreement, you can't cheat someone into signing the agreement and the agreement must be reasonable. | ||
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As a general rule, each party who enters into a family law agreement should get ''independent legal advice'', advice from their own lawyer, about: | As a general rule, each party who enters into a family law agreement should get ''independent legal advice'', advice from their own lawyer, about: | ||
#what the agreement means | #what the agreement means, | ||
#what rights and obligations the agreement gives each party | #what rights and obligations the agreement gives each party, | ||
#how the agreement does or doesn't limit the other legal remedies that might be available; | #how the agreement does or doesn't limit the other legal remedies that might be available; | ||
#how the agreement may affect each party over the short- and long-term | #how the agreement may affect each party over the short- and long-term, and, | ||
#the options and remedies that would have been available if everyone had decided to go to court instead of settling things with an agreement. | #the options and remedies that would have been available if everyone had decided to go to court instead of settling things with an agreement. | ||