When it comes to legal agreements, particularly those related to family law, it`s not uncommon for circumstances to change. This is particularly true when it comes to marriage settlement agreements. A marriage settlement agreement is a legally binding document that outlines the terms of a divorce. It includes provisions related to property division, spousal support, child custody and visitation, and often includes a provision that addresses how the agreement can be amended or modified.
So, can a marriage settlement agreement be changed? The short answer is yes. However, the process of changing a marriage settlement agreement can be complicated, and it typically involves going to court to request a modification.
In order to modify a marriage settlement agreement, it`s necessary to show that there has been a material change in circumstances since the agreement was originally signed. This can include changes in income, changes in the needs of the children, a change in employment status, or a change in the health of one or both parties.
To begin the process of modifying a marriage settlement agreement, it`s necessary to file a motion with the court. In most cases, the motion must be accompanied by an affidavit that explains in detail why the modification is necessary. The other party is then given an opportunity to respond to the motion, and a hearing may be scheduled if necessary.
It`s important to note that in some cases, certain provisions of a marriage settlement agreement may not be subject to modification. For example, if the agreement includes a provision that waives the right to spousal support, that provision may be final and cannot be modified.
In order to ensure that a marriage settlement agreement can be modified in the future, it`s important to include a provision in the agreement that allows for modifications under certain circumstances. This can help to streamline the process if and when a modification is necessary.
In conclusion, yes, a marriage settlement agreement can be changed. However, the process can be complicated and typically involves going to court to request a modification. It`s important to show that there has been a material change in circumstances since the agreement was originally signed, and certain provisions may not be subject to modification. Including a provision in the agreement that allows for modifications can help to streamline the process if and when a modification is necessary.
