How To Avoid A Bad Divorce Agreement?

All too often a client comes to me with a Divorce Agreement they signed (with another attorney representing them), that is confusing, ambiguous or worse, just a “bad” agreement.

But, a bad divorce agreement is still (most likely) a valid contract.  Once you sign a divorce agreement, it is very difficult to get out from under the contract terms.

It is important to note, that even the best divorce agreements mean that you compromised and did not get 100% of everything you wanted.  An agreement almost always means that both parties gave up something (compromised) in order to avoid a trial.  There is an old saying: “A good compromise is the one that leaves both parties unhappy.”

Yet, being “unhappy” or not getting everything you want, is much different than signing an agreement that is just plain “bad,” confusing or ambiguous.

4 Things To Look For When Signing A Divorce Agreement

In order to make sure that you are signing an agreement that you can live with, here is what you should look for:

1. Have clear goals:  You should know ahead of time, what your goals are and what is most important to you.  You should list your goals in most important to least important order.
2. Expect the worst:  Do not expect that the other person will “do the right thing”.  Maybe they will, but, it is much better to have contract language that protects you.
3. Avoid future contingencies:  I reviewed a divorce agreement which stated that if the wife did not provide certain documents by a certain date, that she would waive her spousal maintenance payments.  This is an example of a future contingency and should never have been agreed to.
4. Understand what you are signing:  It is true that your divorce agreement will probably contain a lot of legal terms that you might not understand.  It is important that your attorney explains the entire agreement with you.

David Badanes and the Badanes Law Office have helped numerous clients in making sure they sign a divorce agreement that is a good agreement.

If you live in Suffolk County, Nassau County or New York City and need a divorce (matrimonial) lawyer, then call David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Garden City, Brooklyn, and Manhattan.

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