==Recording Formalizing the Settlement==

It is always best to write out the terms of settlement a deal when a settlement as been reacheddeal is done. Writing the agreement out gives everyone a written record of their agreement settlement which they can refer to if there's a dispute about the agreement down the road.

Although it's true that oral agreements are just as binding as written agreements, it can be very difficult to get everyone to agree on what prove the terms of the oral agreement were, especially when a lot of time has passed since the oral agreement was originally made. When On the other hand, when an agreement is written down, on the other hand, that written record is usually all the will court needs need to see that there was a settlementdetermine the terms of the agreement. Notes scribbled on a napkin, for example, might constitute be a written agreement that the court will uphold. Letters exchanged in the negotiation process have also been found to record the terms of an agreement.

Lawyers and mediators always make a tremendous effort to record the terms of a settlement as clearly and comprehensively as possible, and will usually put the settlement in the form of into a formal document like a separation agreement, a memorandum of understanding, minutes of settlement or a consent order.

A separation agreement is a written contract entered into after the breakdown of a relationship. The terms of the contract are the product terms of negotiation the settlement reached between the parties and sometimes their lawyers, and may deal with all or just some plus a lot of the issues between extra language that describes the parties. Unlike an commercial contract' relationship, a separation agreement usually also provides a guide to how summarizes the background of the parties will deal with settlement discussions, confirms that each other after party had legal advice about the agreement is executed. A separation agreement can be created to avoid an action in court, and can confirms that the parties intend to be signed even after litigation has startedbound by the contract.

Separation agreements are the product of negotiation, a collaborative settlement process or mediation, and may deal with all or just some of the issues between the parties. A separation agreement can be used to record a settlement reached even after litigation has started. Separation agreements are discussed more in more detail in the chapter page <span style="color: red;">Family Agreements > Separation Agreements</span>.

Minutes of settlement are used to create a quick record of the settlement of the various claims made in an action, on terms agreed to through negotiationagreement and are not as comprehensive and detailed as separation agreements. They Sometimes minutes are drafted by a rough and ready outline mediator when the mediator isn't a lawyer or expects the lawyer for one of the parties' to write a proper separation agreement, an agreement often . Sometimes minutes are used when a settlement has been reached at on the end brink of trial and there isn't enough time, or maybe enough energy, to draft a long negotiation session or on the steps of the courthouseproperty consent order. Typically, minutes of settlement are little more than an outline of the essential points agreed to, usually on the understanding that the terms will be elaborated and put into proper legal language later.

Minutes of settlement are signed by the product of negotiation or mediation, and usually deal with all of the issues between the parties and are their lawyers shortly after they are drawn up. The terms of the minutes are usually used to draft a consent order or lay the foundation for a more detailed separation agreement. When minutes are used for a consent order, they are usually attached to the back of the order.  Minutes of settlement are signed by the parties and are their lawyers. As a result, minutes of settlement can be enforced by the courts as a binding agreement between the parties, even without a judge approving the consent order being entered in courtor without the parties signing a separation agreement.

A memorandum of understanding describes the terms on which all or part of a dispute has been settled. Memoranda are even less formal than minutes of settlement, and may not even be signed by both parties or both lawyers. A memorandum may even take the form of a letter sent by one of the lawyers: <blockquote>"I confirm that in our telephone conversation of earlier this afternoon, we agreed that Harjit would see the children on weekends, Suman would have the children's primary residence and that Harjit would pay child support to Suman in the amount of $326.00 per month."</blockquote>

Orders "going by consent" Consent orders are orders that parties have agreed they will ask the court to should make. They are intended The order is meant to incorporate reflect the terms of an a temporary or permanent agreement between the parties, on some or all of the issues, after litigation has started. The terms of the agreement are "made official" by having a judge make an order on the terms of the settlement. Sometimes, parties will come to an agreement before an action has started and want to put the agreement in the form of a court order rather than in the form of a separation agreement. Sometimes a separation agreement will require that certain terms of the agreement will be incorporated into a consent order if the parties intend to get a divorce.

An order made by consent is just as legally binding as any other sort of court order. In factSometimes, sometimes consent orders are more binding, as orders made by consent are notoriously difficult parties will come to appeal or vary without proof of some sort of deception by the other side or a significant change of circumstances. Since consent orders represent an agreement between before an action has started and want to put the parties, agreement in the parties will be presumed to have form of a thorough knowledge of their situation at court order rather than in the time form of a separation agreement. This would really only make sense if there was some important legal reason to have the order, a fair knowledge of their likely future circumstances, and agreement put into an understanding of how the terms of the consent order are going to affect them now and in the future. "What," or if the court will askwould be asked to make an order anyway, "has changed such that you can't live with the like a divorce order you previously agreed to?".

Be cautious when agreeing to a court When the judge makes the consent order. While it is always open to , the court to vary an order respecting children is just as important and sometimes spousal support just as binding as if there has been it was an order made after a meaningful and unexpected trial. Consent orders are notoriously difficult to appeal or change in circumstances, without proof of some sort of deception by the property provisions other side or a subsequent change of a consent order are rarely variedcircumstances. Make sure you understand and can live with what you've agreed to!

Generally speaking, is ''not alright '' okay to change your mind after you've come to a settlement, especially right after you've reached the settlement. What you can do about it, if you can do anythingabout it, changes depending on whether the agreement has already been reduced to writing.

If you have a change of heart after a separation agreement has been signed, you can attempt to negotiate an amendment to the terms of the agreement. Amendments are are a further agreement, put into writing and executed just like the original separation agreement, and are usually described as an "amending agreement. If " However, if the other side isn't prepared to agree to change the changeagreement, you'll have little choice except to go to court and ask the judge to make an order different than the terms of the agreement. Be warned: this will be very difficult unless you can show that there was a significant flaw in how the agreement was reached or that there has been a meaningful serious and unexpected change in circumstances since the agreement was executed. You can't ask the court to make an order different from the agreement just because you've decided you don't like it; there must be an awfully good reason why the court should do anything different than what you agreed to.

If you have a change of heart after a consent order has been pronounced, you'll face exactly the same problem. You can try to negotiate the terms of a new order varying the consent order, which will be presented to the court also by consent in the same manner as the original consent order. Failing that, you'll have to apply to court to change the original consent order. You will have to prove that there has been a meaningful and unexpected change in circumstances since the order was madeor that there was a significant flaw in how the agreement leading to the consent order was reached.

Varying separation agreements is discussed in more detail in the chapter page <span style="color: red;">Family Agreements > Making Changes</span>, and varying orders is discussed in the sections <span style="color: red;">Children, Child Support, Spousal Support and Family Assets</span>.

Note that if you disagree with an order or a separation agreement and simply decide not to comply with the order or agreement, the other side will be able to go to court to enforce the terms of the order or agreement. In the case of a court order, you could also be faced with an application for an order that you be found in contempt of court. Contempt is punishable by jail time, a fine, or both jail time and a fine. Note also that minutes of settlement and memoranda of understanding may be enforceable as a binding agreement in the same way that separation agreements are enforceable.

The enforcement of orders and agreements is discussed in the chapter page <span style="color: red;">Other Family Issues > Enforcing Orders & Agreements</span>.

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.  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 it worth the additional legal fees it will cost to go back into the negotiation process and to draft a new agreement?* Is it worth the chance of losing other aspects of the settlement that you're happy with but that the other side isn't too keen on?* Is it worth the risk that the other side will start a court action to enforce the agreement? Is it worth the legal fees it will cost to defend an action to enforce the agreement?

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 it worth the additional legal fees it will cost to go back into the negotiation process and draft a new agreement?Is it worth the chance of losing other aspects of the settlement that you're happy with but that the other side isn't too keen on?Is it worth the risk that the other side will start a court action to enforce the agreement? Is it worth the legal fees it will 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 both gave things up something 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 will want to re-open other issues.

Finally, you should also consider whether the thing you want to change is worth losing your lawyer. If your lawyer was with you at the bargaining table and acted for you in negotiating the terms of your agreement, your lawyer is under a professional obligation not to continue acting for you if the agreement was made in good faith, in the absence of some deception by the other side. Your lawyer will may have no choice but to quit, and you will have to hire a new lawyer.