Clients often ask me how divorce agreements get enforced. I always tell them, there is no divorce police and unless one of them enforces the agreement, nothing happens.Thursday, July 24, 2008
Divorce Police
Clients often ask me how divorce agreements get enforced. I always tell them, there is no divorce police and unless one of them enforces the agreement, nothing happens.
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2 comments:
Going through mediation process, this has been my concern as well. I foresee that I will be the one try to enforce. It makes me want to put as much "penalty" clauses as possible in case a certain agreement is not kept, but at the same time, makes me feel as if I am a very mean person.
It also makes me wonder if the agreement should be very specific on as many issues as possible, or leave some flexibility. I guess it will depend on how well we can communicate after the divorce. What would be your thoughts on this?
Namomi, you are not being mean. Your spouse will probably say a penalty is not necessary because he will do it anyway. I always say, then what the harm. Not unusual for agreement to include language that if a party does not disclose any asset it belongs 100% to the other party. This is an incentive to disclose. You don't want to overload the agreement. Pick the issues which are important to you or you feel need a penalty. Good luck!
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