Modifying Divorce Agreements
If you are finalizing a divorce, or already have, you may be feeling unhappy with the agreement. When this happens, you may be wondering about the possibility of modifying divorce agreements and how that is done.
The divorce agreement, once executed and entered into by the parties, is filed in the Erie County Clerk’s office. That separation of property settlement agreement is a contract between the parties, and it is very difficult to have that contract changed, modified, or rescinded. Contract law applies to this agreement as it would in any contract that you enter into in the business world. Parties are allowed to enter into bad agreements. Hence, it’s very important that there’s full disclosure. It is very important that you sit down with your attorney and you understand the agreement that you’re signing and executing before it becomes a finality. Modifying divorce agreements is very difficult and can be avoided through this crucial step of communication between you and your attorney.
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Modifying Divorce Agreements | How an Attorney Can Help
When you sit down with at office, we’ll go over the financial circumstances; we’ll exchange financial information with the other party; and make certain that you’re comfortable with the agreement to begin with. However, should you want to change your agreement, it can only be changed under certain circumstances.
Modifying Divorce Agreements | Circumstances for Modification
The circumstances for modifying divorce agreements include:
- Fraud
- Misrepresentation
- Failure to disclose
- Lying about income
Under these certain circumstances we can have the divorce agreement set aside or modified in a manner that will make it more equitable for the parties.
If you need guidance modifying divorce agreements, please call the office of Buffalo Divorce Attorney Randy Gugino to schedule a initial consultation today and get the best representation for your case.