Written, Separation, Cohabitation Agreements
Sometimes it is possible to resolve a number of issues or all of the issues arising from the breakdown of a relationship by virtue of a Separation Agreement.
Other times it is possible to set out parties’ entitlements in connection with the potential breakdown of a relationship by way of a Cohabitation Agreement. In other cases, an issue arises as a result of an agreement having been entered into that may have to be varied or set aside or have parts of it varied or set aside.
Parties may sometimes not recognize that they have entered into a form of a marriage agreement.
Written promises can be the basis of a Separation Agreement. In the Islamic culture, it is common for spouses to enter into a Mahr, the terms of which may be an enforceable agreement. Depending on the circumstances, agreements can be upheld, varied or set aside. When there is an existing agreement in place which may be challenged, it is important to assess what the circumstances were at the time of the agreement and whether the current circumstances may warrant a change in the agreement. Whether an agreement is enforceable or not, it is always an essential consideration.
When negotiating an agreement, the way a clause is worded or whether a clause has been utilized may have significant ramifications at a future date. It is sometimes best to have as concise an agreement as possible and in some circumstances, a more comprehensive agreement is required.
Assessing a client’s need is precisely what we do in dealing with agreements.