Posts Tagged ‘Marital Agreements’

The unfairness of the family court asking litigants if they think their agreement is “fair”

In the South Carolina family court, a standard part of the practice of questioning parties about their agreements before approving said agreements is whether the party believes that agreement is “fair.” If minor children are involved, that process will also include a question about whether the agreement is additionally fair to the parties’ children. Those […]

The uses and misuses of ambiguity in family court agreements

Some of the most contentious family court litigation I have handled involved modification of prior family court agreements in which the agreements were ambiguous to my clients’ detriment.  Few things are more frustrating to a client than having his or her expectations thwarted because the agreement’s language does not comport with the client’s expectations. There […]

What’s in your boilerplate?

Early in any family law attorney’s practice, that attorney will begin developing an agreement go-by that contains language common to all agreements that attorney drafts.   That go-by will also contain provisions that the attorney routinely uses in agreements.  For example, in South Carolina, a common item in custody agreements that is in most attorneys’ […]

 

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