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Difference between revisions of "Resolving Family Law Problems out of Court"
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Resolving Family Law Problems out of Court (view source)
Revision as of 22:14, 20 June 2019
, 22:14, 20 June 2019→Before the agreement has been formalized
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People sometimes have a change of heart between the time the deal is struck and the time the agreement is put into the form of a consent order or a separation agreement. If this happens, you have two options: live with the agreement, or attempt to get the other side to agree to change the agreement. (Unless you are in the collaborative process, which has specific ground rules around when a deal will be a final deal.) | People sometimes have a change of heart between the time the deal is struck and the time the agreement is put into the form of a consent order or a separation agreement. If this happens, you have two options: live with the agreement, or attempt to get the other side to agree to change the agreement. (Unless you are in the collaborative process, which has specific ground rules around when a deal will be a final deal.) | ||
You must really think hard before bringing your complaint to the other side, because any attempt to renegotiate the deal can upset not only the terms that you want to change but also the terms that you're really quite happy with. As well, the agreement that you struck may be enforceable even before it is put into the form of a separation agreement or court order. Here are some things to think about: | You must really think hard before bringing your complaint to the other side, because any attempt to renegotiate the deal can upset not only the terms that you want to change, but also the terms that you're really quite happy with. As well, the agreement that you struck may be enforceable even before it is put into the form of a separation agreement or court order. Here are some things to think about: | ||
*Is the thing you want to change something you can actually live with? Is changing that one thing worth the risk of losing the settlement altogether? | *Is the thing you want to change something you can actually live with? Is changing that one thing worth the risk of losing the settlement altogether? | ||
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*Is it worth the risk that the other side <span class="noglossary">will</span> start a court action to enforce the unsigned agreement? Is it worth the legal fees it <span class="noglossary">will</span> cost to defend an action to enforce the agreement? | *Is it worth the risk that the other side <span class="noglossary">will</span> start a court action to enforce the unsigned agreement? Is it worth the legal fees it <span class="noglossary">will</span> cost to defend an action to enforce the agreement? | ||
Remember that the negotiation process is a process of give and take. It is almost a certainty that you are going to be unhappy with some aspects of the agreement, just as the other side is going to be unhappy with other aspects of the agreement. The two of you each gave things up and compromised your positions in reaching settlement. After all of the anxiety of the negotiation process and the pain of giving up on a hard-fought point, it is also almost a certainty that if one side wants to re-open an issue, the other side <span class="noglossary">will</span> want to re-open another issue. | Remember that the negotiation process is a process of give and take. It is almost a certainty that you are going to be unhappy with some aspects of the agreement, just as the other side is going to be unhappy with other aspects of the agreement. The two of you each gave things up and compromised your positions in reaching a settlement. After all of the anxiety of the negotiation process and the pain of giving up on a hard-fought point, it is also almost a certainty that if one side wants to re-open an issue, the other side <span class="noglossary">will</span> want to re-open another issue. | ||
==Resources and links== | ==Resources and links== | ||