Its been a while since I have blogged and I apologize for my absence from the Internet. I have a variety of different things that I would like to discuss here and I am going to make an effort over the next several months to have a new entry every Monday.
With that being said, if anyone has any topics they would like to discuss, please feel free to email me here or email my work address at www.bauerfamilylaw.com.
Over the past several months, I have had several people come in for a consultation with signed Marital Settlement Agreements and Parenting Plans. The usual question that is asked is whether or not there is anything that can be done to modify or set aside those contracts. When it comes to divorce proceedings, under most circumstances, especially within a few months after the ink is dry, the answer is going to be no. There are no rights to rescission, there is no setting aside an agreement because it is a bad deal. Once you sign an agreement you are going to be stuck with it absent a showing of a substantial change of circumstances or some fairly serious fraud or duress. Therefore, the best course of action is to have a family law attorney read through your agreement BEFORE you sign it to ensure that you are not signing something that you shouldn't. Most attorneys have a reasonable consultation fee and paying a nominal fee is worth it in the long run if you are unsure as to whether or not you should sign a Marital Settlement Agreement. Please, do not sign anything without first consulting with an attorney.
3 comments:
It's surprising how many people still sign things without legal counsel. Even more surprising how many sign without even reading it!
Good advice I'm sure for most but what happens when your own attorney lies to you about what is in the settlement?
Yes, good advice for most but what do you do when you find your own attorney lied to you about what was in the settlement and you end up with nothing?
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