When an issue is overlooked in a settlement agreement

When an issue is overlooked in a settlement agreement

On Behalf of | Apr 25, 2024 | Divorce

Divorce often involves negotiations and a settlement agreement without the parties having to go to court. This doesn’t always go smoothly, even when it ends with an agreement that mostly makes you both happy. If you find that an issue was overlooked in your settlement agreement for your Michigan divorce case, it can be a tricky matter, but both parties may be able to request a re-opening of the settlement.

The settlement agreement is a final agreement

Settlement agreements are meant to be final. With most agreements, you’ll see a statement on the formal document that all of the issues were addressed and that any debts and assets were addressed and distributed. It’s rare to revisit issues, but it can happen.

Circumstances for re-visiting a settlement agreement

If both parties agree that a matter was overlooked, they would have to consent to a re-opening of the settlement. This will allow for the ability to add on terms. One example is if the parties didn’t remember about a financial asset that needs distribution.

You’d be extremely lucky if things went just like this. It is somewhat more common for one party not to agree about overlooking an asset or another issue. This can make it incredibly difficult to take action in such a matter.

The court may determine that a trial is necessary. Typically, the spouse who wants to re-open the agreement must prove that something was overlooked and that it’s truly important to assess the issue and do further distribution. Since it can be emotional to deal with these divorce issues again, it’s important to gather everything and attempt to focus on all the issues the first time around.

Dealing with divorce proceedings effectively

Michigan Divorces don’t have to be super complicated and a nightmare. Settlement agreements out of court can help keep things fairly calm, but it’s crucial to work out all the details and avoid re-opening the agreement. If it is necessary, be prepared with any supporting documentation to help you prove the importance of an issue and have it dealt with appropriately.