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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-02-2009, 09:46 AM
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Default Settlement Agreement - Lawyer Review

I've got things 99% settled with the ex in advance of our settlement conference on the 18th and have lots of paperwork ahead. One thing which was mentioned previously is that any agreement we negotiated should be checked by lawyers on both sides or else one party can weasel out by claiming they didn't have legal advice on it. Firstly, is this in fact true and secondly, how does the lawyer review work? Is there something they provide us upon reading the agreement that we attach to it? I just want to cover all my bases, as the ex will use any loophole to ferret out more later if I give her that opportunity.
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Old 03-02-2009, 01:39 PM
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Originally Posted by About_Time View Post
I've got things 99% settled with the ex in advance of our settlement conference on the 18th and have lots of paperwork ahead. One thing which was mentioned previously is that any agreement we negotiated should be checked by lawyers on both sides or else one party can weasel out by claiming they didn't have legal advice on it. Firstly, is this in fact true
Yes

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Originally Posted by About_Time View Post
and secondly, how does the lawyer review work? Is there something they provide us upon reading the agreement that we attach to it? I just want to cover all my bases, as the ex will use any loophole to ferret out more later if I give her that opportunity.
They would explain what the content each party signing means, mostly terminology to ensure each understands what it truly means if it is confusing.
If it looks like the content is significantly unfair to one party their lawyer should tell them why6 and offer possible options.

It's basically a way to ensure that each understands the written work, what each is agreeing to and if in fact this is what they intended it to say/mean. And if needed offering alternatives so as to avoid taking the issue to court.
Usually when a party to an agreement asks for it to be cancelled they site language, not understanding the ramifications of signing, IE what they were responsible for and what they we gaining or giving up.
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Old 03-02-2009, 02:54 PM
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Thanks FL!
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