Modifying a Divorce Agreement in Buffalo
Once a divorce agreement is executed and entered into by the parties, it is filed with the Erie County Clerk’s office. The separation of property settlement agreement is a contract between the parties, and it is very difficult to have that contract changed, modified, or rescinded. Contract law applies to this agreement as it would in any contract that you entered into in the business world. However, Parties are allowed to enter into bad agreements. Hence, it’s very important that there’s full disclosure, and very important that you sit down with your attorney and you understand the agreement that you’re signing before it becomes a finality.
When you sit down at our office, we’ll go over the financial circumstances; we’ll exchange financial information with the other party; and make certain that you’re comfortable with the agreement to begin with. Should you want to change the agreement, it can only be changed under certain circumstances. If there’s fraud, misrepresentation, failure to disclose, or you were told one thing and found out later on that something else was inaccurate with regard to a person’s income, or regards to their resources. Under certain circumstances we can have an agreement set aside or modified in a manner that will make it more equitable for the parties.