A Settlement Agreement is where the parties put their mutual agreement on paper regarding their issues of parenting, support for the child, spousal support and division of property.
For the Settlement Agreement to be enforceable, each party needs to obtain independent legal advice from his/her own lawyer. The lawyer ensures that:
the client’s rights are protected regarding their legal issues;
listen’s and finds out what the client really wants;
encourages the client to use reason and logic and not emotion; and
informs the client and gives the client alternative strategies and options to help his his/her decision making.
Advantages of having a Settlement Agreement:
Less expensive than going to court;
Takes care of the details that a court order cannot include; and
Since it is an agreement (with independent legal advice), it can be enforced in court as a legally binding contract.
Contested matters would need to be negotiated, mediated or litigated.
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