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Archive for the ‘Agreements’ Category

*All Posts,Agreements,Child-custody,Child-visitation

On issues of custody and visitation the question is always what is in the best interests of the children, no matter what the parties have agreed to

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March 17, 2012 at 11:15 am

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*All Posts,Agreements,Property-settlement-agreement,Settlement agreement

Absent unconscionability, fraud, or overreaching in the negotiations of the settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement

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March 13, 2012 at 12:07 pm

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*All Posts,Agreements,Child-support,Property-settlement-agreement,Settlement agreement

A parent may not waive a child’s right to support

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March 12, 2012 at 12:57 pm

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*All Posts,Agreements,Child-custody,Child-visitation,Divorce,Property-settlement-agreement,Settlement agreement

A party seeking modification of a judgment, incorporating a PSA regarding custody or visitation, must meet the burden of showing changed circumstances and that the agreement is now not in the best interests of a child

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March 12, 2012 at 12:55 pm

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*All Posts,Agreements,Divorce,Litigation,Motions,Property-settlement-agreement,Relief from judgment,Settlement agreement

when a party is represented by an attorney, states he or she understands the agreement, and there are no substantiated allegations of fraud, unconscionability or overreaching in the negotiations of the PSA, there is no legal or equitable basis to reform the agreement

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March 6, 2012 at 6:34 pm

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*All Posts,Agreements,Divorce,Separation Agreement,Settlement agreement

While incorporation of a PSA into a divorce decree does not render it immutable, nor its terms solely governed by contract law, nevertheless, if found to be fair and just, it is specifically enforceable in equity

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March 2, 2012 at 5:10 pm

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*All Posts,Agreements,Contracts,Midnuptial Agreement

Spousal agreements and confidential relationships

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March 2, 2012 at 5:07 pm

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*All Posts,Agreements,Contracts,Litigation,Settlement agreement

A settlement agreement between litigating parties is a contract

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March 2, 2012 at 4:58 pm

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*All Posts,Agreements,Attorney-client-relationship,Contracts,Litigation,Stipulations

Stipulations by attorneys and their clients before the court are enforceable

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February 13, 2012 at 12:53 pm

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*All Posts,Agreements,Attorney-client-relationship,Contracts

Emails exchanged between counsel may be construed as written modifications of an agreement’s provision intended to bind both parties

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February 13, 2012 at 12:51 pm

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