Most people are familiar with the term “buyer’s remorse” when it comes to purchasing an item. For example, you may have wanted a car for a long time, but once the novelty of the new car has worn off, you begin to question whether the car was worth the higher car payments or higher insurance payments. Maybe you begin wishing that you had purchased another car or had not purchased a new car at all.
This phenomenon is not unique to purchasing items. When couples are in the process of a divorce and family law mediation and working on a Marital Settlement Agreement, the parties are expected to come to an agreement on issues ranging from time-sharing, child support, distribution of debts and assets, and other significant issues. With mediation time scheduled with a Daytona Beach family law lawyer for a half day or a full day (two hours for court mediations), the time available for deciding these very important issues is limited, and parties sometimes agree to provisions that they would not agree to if they had more time to consider all of the ramifications of their choices.
So, what happens if a party decides that he or she does not like the agreement after it has already been signed?
First step is to see if the other party has issues with the same provisions. If both parties want to make changes to the marital settlement agreement, then the court is typically not going to interfere unless the change is not in the best interest of the children or is contrary to the law. What happens if one party wants to have the Marital Settlement Agreement changed, but the other party does not want it changed?
The party wanting to have the agreement changed has the burden to prove that there is a material and substantial change in circumstances that was unforeseen at the time of the signing of the Marital Settlement Agreement. This is a very difficult burden to overcome and is fact intensive. If you have not yet signed a Marital Settlement Agreement, you should have a family law attorney review the agreement, advise you based on your unique situation, and negotiate the best terms for you and your children.
If you have already signed a Marital Settlement Agreement and are hoping to have it modified, you should contact a family law attorney with experience in modifications of Marital Settlement Agreements.
At Mara Law, P.A., we care about protecting and supporting your rights and preferences. Our team of highly-skilled divorce lawyers in Daytona Beach will provide you with knowledgeable representation in family law and divorce practices, including divorce, military divorce, child custody, child support, collaborative process, division of assets, and paternity issues. If you are looking for divorce attorneys in Daytona Beach and other areas in Volusia County, please contact Mara Law, P.A. at 386-672-8081.