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Difference between revisions of "How Do I Change a Family Law Agreement?"
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How Do I Change a Family Law Agreement? (view source)
Revision as of 00:53, 10 June 2019
, 00:53, 10 June 2019Revised to reference option of changing agreement through the courts
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*''separation agreements'', used when married spouses or unmarried spouses have separated. | *''separation agreements'', used when married spouses or unmarried spouses have separated. | ||
All of these agreements can be changed once they've been executed, as long as the parties to the agreement agree that the agreement should be changed. | All of these agreements can be changed once they've been executed, as long as the parties to the agreement agree that the agreement should be changed. If the parties don't agree that the agreement should be changed, then the party who is unhappy with the agreement can ask the court to set aside the entire agreement or just part of it. | ||
==What can be changed== | ==What can be changed== | ||
Normally, people only want to change one or two parts of an agreement while keeping the rest of the agreement intact. If you want a brand new agreement altogether, be careful. If the other party won't agree to throw out the old agreement, they <span class="noglossary">will</span> be entitled to go to court to enforce the old agreement, whether you're still happy with that agreement or not. This is, after all, why people execute contracts in the first place: they expect them to be permanent and they expect that the courts <span class="noglossary">will</span> hold people to the agreements they have made. | Normally, people only want to change one or two parts of an agreement while keeping the rest of the agreement intact. If you want a brand new agreement altogether, be careful. If the other party won't agree to throw out the old agreement, they <span class="noglossary">will</span> be entitled to go to court to enforce the old agreement, whether you're still happy with that agreement or not. This is, after all, why people execute contracts in the first place: they expect them to be permanent and they expect that the courts <span class="noglossary">will</span> hold people to the agreements they have made. | ||
If the parties don't agree and one party asks the court to change the agreement, then, if the court is convinced that the agreement must change, it can set aside the entire agreement under the law of contracts or set aside the part of the agreement that is causing the problems and make an order in place of the part set aside. | |||
==Making the new agreement== | ==Making the new agreement== | ||