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Agreements after Separation

No change in size, 22:42, 31 August 2021
The basic process
When everyone is happy with the written agreement, they should each take a copy of the agreement to their respective lawyers, or to any lawyer for that matter, to get ''independent legal advice'' about the agreement. The lawyers they speak to will explain:
#*the meaning and effect of the agreement,#*the obligations they have to the other party under the agreement,#*the obligations the other party has to them under the agreement,#*any weaknesses in the drafting of the agreement, including any important terms the agreement has left out,#*whether the terms of the overall settlement are fair or unfair, and#*the options that are available to them if they decide not to sign the agreement.
Independent legal advice is critical for three main reasons:
*#If you are entering into an agreement that will help you avoid court, you need to know how that agreement affects the rights you would have had if you had decided to go to court instead.*#You have to clearly and completely understand the obligations and the rights the agreement gives you.*#Getting the advice will stop either party from claiming, later on, that they didn't know what the agreement meant or that they were at a disadvantage because the other party's lawyer drafted the agreement.
After each party has had independent legal advice about the agreement, they'll sign the agreement or, as lawyers say, they'll ''execute'' the agreement, if they're still willing to do the deal. Family law agreements need to be signed in the presence of a witness, who, after watching the party sign the agreement, signs the agreement themselves. Someone who witnesses an agreement does not become a party to that agreement and isn't responsible for seeing that the agreement is followed. The signature of a witness on an agreement merely says "I know Mr. Fong and I saw Mr. Fong sign the agreement."
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