Difference between revisions of "Changing Family Law Agreements"

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<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>
<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 themself.


===Amending an agreement through negotiation===
===Amending an agreement through negotiation===
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====Lack of independent legal advice====
====Lack of independent legal advice====


A spouse may be able to challenge the validity of an agreement where he or she did not receive independent legal advice before entering into the agreement. Independent legal advice helps to ensure that both parties are on a more or less equal footing, and to ensure that one party doesn't unintentionally enter into an unfair agreement.
A spouse may be able to challenge the validity of an agreement where they did not receive independent legal advice before entering into the agreement. Independent legal advice helps to ensure that both parties are on a more or less equal footing, and to ensure that one party doesn't unintentionally enter into an unfair agreement.


There is, however, no requirement that independent legal advice be sought before an agreement is signed. In most situations, the absence of independent legal advice alone will not be enough to overturn an agreement by itself.
There is, however, no requirement that independent legal advice be sought before an agreement is signed. In most situations, the absence of independent legal advice alone will not be enough to overturn an agreement by itself.

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