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Avoid future spousal terms challenge in separation agreement

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  • Avoid future spousal terms challenge in separation agreement

    My ex and I just signed our separation agreement with our respective lawyers. My lawyer advised us to incorporate some clauses regarding spousal support in our agreement (and not the whole agreement) in our joint divorce application (I'm not sure which forms that will go into). According to my lawyer, the reason for doing so is that in case in the future one of us claims significant change in circumstances and challenges the terms of spousal support in the agreement, the court will not start the process from scratch to hear the case when the agreement is not filed with the court, but rather the court will be restricted to examine those spousal terms in the agreement.

    This advice from my lawyer makes me confused on how and in what divorce form(s) to incorporate such spousal terms, and whether my lawyer advice is common practice.

    I'll appreciate any feedback from forum members.

  • #2
    It is called a release.

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    • #3
      Originally posted by Tayken View Post
      It is called a release.
      Thank you Tayken. Can you elaborate more, especially of the advantage (or disadvantage) of incorporating spousal support terms in a divorce Order versus not to incorporate in an order?

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      • #4
        Originally posted by Tbaga View Post
        Thank you Tayken. Can you elaborate more, especially of the advantage (or disadvantage) of incorporating spousal support terms in a divorce Order versus not to incorporate in an order?
        Your lawyer may have a strategy on how to get it done.

        What I have seen is that the order states that the party seeking support signs a release from spousal support. Lawyers use a generic template that they get out of Divorce Mate that has the standard wording for the "release" from support.

        Ask your lawyer for a copy of the standard template either from O'Brien's Forms or Divorce Mate. (Not sure if O'Brien's has em.)

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