What is a Property Settlement or Separation Agreements?
A property settlement agreement or a separation agreement in New York state can be modified by mutual agreement between the parties. An amendment can be drawn up and it can be filed in the county clerk’s office. However, if the parties don’t mutually agree upon a change, it can be very difficult to have a property settlement agreement set aside, either in full or in part. The reason for that being is the court believes that you’ve had an opportunity to consult with an attorney, go over the agreement, and make certain that it’s comprehensive and that it’s fair and just and equitable.
That being said, any issues that involve the children is always subject to review by the court. Issues with regard to child support, custody, access, arrangements with regard to medical coverage, even situations with regard to vacations, can be changed in context with a court proceeding, either family court or Supreme Court.