Fine Tuning Family Law Agreements
Family Law disputes are often economically, emotionally and physically taxing on the parties, especially if the former spouses cannot come to a resolution and find themselves seeking resolution through the Court process. The most effective way to avoid family law litigation is to come to an agreement with your spouse or soon to be spouse prior to your relationship breaking down. There are two pre-dispute types of agreements, Cohabitation and Pre-Nuptial. It is also possible to enter into a Marriage Agreement following a marriage.
Family Law Agreements are designed to protect the rights and assets of both parties and avoid potentially costly litigation. The Family Law Act provides parties with the ability to file Agreements with the Court and to have the Agreements enforced. Three critical things to remember when making an enforceable and strong Family Law Agreement are:
1) Make full and accurate financial disclosure – if either party fails to make disclosure or hides assets, the agreement may be challenged;
2) Both parties must obtain independent legal advice;
3) All agreements can be subject to variation in the future if the Court determines that they are unfair so it is important to negotiate fair and reasonable terms for both parties.
If you are involved in a family law dispute or would like to have an agreement drafted, contact the Kushner Law Group today to schedule a consultation.