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Archive for the ‘Property-settlement-agreement’ Category

*All Posts,Agreements,Contracts,Divorce,Litigation,Property-settlement-agreement,Settlement agreement

Prejudgment interest in contract actions are assessed on a discretionary basis as the result of the application of equitable principles

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February 2, 2012 at 11:43 am

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*All Posts,Agreements,Alternative Dispute Resolution,Arbitration,Mediation,Property-settlement-agreement,Settlement agreement

The court accords particular leniency to agreements made in the domestic arena, and likewise allows judges greater discretion when interpreting such agreements

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January 30, 2012 at 4:05 pm

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*All Posts,Agreements,Divorce,Midnuptial Agreement,Premarital Agreement,Property-settlement-agreement,Separation Agreement,Settlement agreement

Any matrimonial agreement may be set aside when it is the product of fraud or overreaching by a party with power to take advantage of a confidential relationship or is unconscionable

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January 17, 2012 at 5:50 pm

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*All Posts,Agreements,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When PSA terms are plain and explicit and set forth in clear and unambiguous language, leaving no room for interpretation, the court will enforce them as written and agreed to by the parties, absent a substantial change in circumstances or unless they would no longer be fair or equitable

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January 8, 2012 at 12:14 pm

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*All Posts,Divorce,Legal Malpractice,Property-settlement-agreement,Settlement agreement

The existence of a settlement agreement does not operate to automatically preclude a client from alleging that her attorney’s advice led her to accept an inadequate settlement

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January 5, 2012 at 11:11 am

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*All Posts,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

Parties may enter into a property settlement agreement under which support obligations will be modified at a specific future date without a showing of changed circumstances

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December 21, 2011 at 5:43 pm

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*All Posts,Child-support,Child-support-modification,Motions,Property-settlement-agreement,Settlement agreement

A showing of changed circumstances requires the party seeking modification to convince the court that to enforce the agreement would be unconscionable, the same standard that is applied by courts of equity to the specific enforcement of contracts in other field

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December 11, 2011 at 10:17 pm

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*All Posts,Child-custody,Child-visitation,Motions,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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December 11, 2011 at 10:14 pm

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*All Posts,Child-support,Cost of Education,Property-settlement-agreement,Settlement agreement

The lack of an express obligation in a PSA to contribute to private school expenses does not prevent the court from considering a motion for private school contribution

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November 29, 2011 at 11:39 am

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*All Posts,Child-support-modification,Divorce,Modification of Alimony,Property-settlement-agreement,Settlement agreement

Trial courts retain jurisdiction to modify marital agreements on a showing of changed circumstances notwithstanding the existence of a PSA

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November 29, 2011 at 11:37 am

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