The decision whether or not to settle a recovery action is personal and each situation is different. However, you should consider a transaction contract if: Due to the importance of a marital transaction contract or a particular judgment, it is extremely important that you hire a lawyer (even to a limited extent) to design or at least review your proposed contract. There are certain terms that should be used, that are essential to your future, and there may be some provisions that you do not understand in your agreement that could be extremely damaging to you. As mentioned above, the California Court System provides a model of marital comparison contract that is copied below. Here too, we must reiterate that this is not our model, we do not necessarily recommend using this model, as each case has unique circumstances, and you should seek the advice of a qualified family lawyer to design or verify your MSA or your defined judgment. Despite these warnings, the California Court`s model of convention is below: we have seen divorce agreements that are only a few pages long, up to extremely detailed agreements, that limit a hundred pages. You can apply to the court asking for sanctions against the other party for breach of the terms of the contract. You can definitely try. However, you should be aware that when you call the complainant`s lawyer`s office, you will most often speak to a collection company and not to a lawyer.
People often find these collection companies rude and unreasonable. However, the lawyers you will meet in court are generally courteous and have much more flexibility to work with you. The lawyers want to reach an agreement with you because they know they might not be able to get evidence of the debt they need to win a lawsuit against you. Most people find that they can get a much better deal by going to court than they can by negotiating over the phone. An agreement could make provisions on the parties` future obligations, tax returns and consequences, a general waiver of liability, provisions without damage that gets party, what vehicles, college fees for children, and so on. This page provides information and advice to individuals who have been sued before NyC Civil Courts and intend to negotiate a legal transaction agreement with the complainant`s lawyer. You can find general information about negotiations with collection companies on our “Negotiations with Collection Companies” page. The terms contained in an MSA or a particular judgment differ from case to case and depend on the issues dealt with in the case. If z.B. the parties to the divorce do not own property together, the “property department” sections of the agreement are very simple.
If the parties have children with each other, there should be detailed provisions on child custody and child care, which should contain a detailed education plan. Think carefully about what you can afford to pay. If you can`t afford anything, you shouldn`t enter into a transaction agreement.