Schwam-Wilcox & Associates, Attorneys and Counselors at Law
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The Power of Agreements

It is important to have an attorney assist you through your legal problems, and to advise you of the Power of Agreements. There are some issues in your case that may warrant an outcome that is not the typical outcome, but the factors of your case would make it reasonable; however, a Judge is bound to follow the statutes. If you and your spouse/partner agree to accept more or less of an asset or liability in exchange for something else, you can do that. Be careful what you agree to in a Settlement Agreement because they are binding and very difficult to set aside; further, once you agree and it is ordered it will be enforced by a Judge. If you agree to give your spouse half of your retirement at the time you retire, and that is ten (10) years after your dissolution, it will be difficult for you to state that the statute is clear that the former spouse is only entitled to half of that asset at the time of the entry of the Final Judgment (which is what it states and the case law backs it up) IF you agreed in a settlement agreement to give her half at the time of your retirement AFTER the Final Judgment. This is just one example of many pitfalls that can happen if you are not sure what you are agreeing to. At Schwam-Wilcox & Associates, you would receive advice on all of the pros and cons if you were to enter into a non-traditional distribution of marital assets (or even a traditional distribution). For more information on how we can guide you through the process you can call us at 407-245-7700 or e-mail us at info@cbswlaw.com. You can also visit our website at www.cbswlaw.com.

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