Disputes sometimes arise after estranged Texas couples have reached divorce settlement agreements. These agreements become the court’s orders in the divorce case, and they control. It is very important that people understand what is included in their proposed settlement agreement so that they understand the expectations placed on both parties.
When one ex-spouse decides to do something to help the other ex-spouse that is not contained in the agreement, the recipient may believe that the actions become part of the agreement. That is not the case, and the person may simply refer to the agreement.
Many people who divorce have ongoing connections with their ex-spouses. These may involve shared children, real estate, businesses or other matters. Provisions regarding all of these things should be in place in the agreement in clear language. Divorce settlement agreements are legally enforceable contracts, and if one party fails to do something that was required by the document, the other party may take the matter to court.
In some cases, the circumstances may change to a degree that certain aspects of the agreement are no longer appropriate. For example, a person who agreed to pay alimony of a set amount but then later experiences a substantial change in finances may need to try to get an agreement modification. This will require going to court and showing proof of an adverse change in the petitioner’s financial condition. This could become necessary if, for example, the person who was paying lost a job or had an unexpected medical emergency. A family law attorney can often be of assistance in preparing the paperwork and appearing on the petitioner’s behalf.