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Archive for the ‘property-settlement-agreement’ Category

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

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June 23, 2010 at 6:42 pm

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Parents cannot waive their obligation to pay child support in the Property Settlement Agreement

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June 23, 2010 at 5:40 pm

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The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them

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June 21, 2010 at 1:29 pm

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Where the parties’ JOD or property settlement agreement omits an essential term, the court may supply a term which is reasonable in the circumstances

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June 3, 2010 at 11:46 am

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In determining whether and to what extent a modification of a PSA is appropriate, the trial court may consider whether any of the equitable distribution was intended to provide for future needs

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May 26, 2010 at 12:46 pm

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Marital agreements are essentially consensual and voluntary and as a result, they are approached with a predisposition in favor of their validity and enforceability

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May 14, 2010 at 1:04 pm

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Although the interpretation and application of divorce agreements are not governed solely by contract law, those fair and definitive arrangements arrived at by mutual consent should not be unnecessarily or lightly disturbed

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May 7, 2010 at 12:15 pm

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A property settlement agreement may be reformed if the negotiations leading up to the property settlement agreement suffered from unconscionability, fraud, overreaching, or because of a common mistake, or mistake of one party accompanied by concealment of the other, or the agreement fails to express the real intent of the parties

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April 28, 2010 at 8:29 pm

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In contrast with alimony or support awards, a property agreement cannot be adjusted after divorce to reflect unanticipated changes in the parties’ circumstances

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April 28, 2010 at 8:26 pm

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Anti-Lepis

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April 1, 2010 at 3:35 pm

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