Because a lawyer who focuses on divorce cases knows that the language contained in your matrimonial settlement agreement must be crystal clear. In turn, any ambiguities only invite a party an opportunity to “relitigate” a case that has already been settled as their lawyer files a post-judgment divorce motion for “clarification” as to what you agreed upon in the first place. The matrimonial settlement agreements drafted by the divorce attorneys at our law firm are diligent in the details ensuring that every detail is addressed within the divorce agreement. Examples include real estate, enumeration of assets and liabilities to each spouse as well as alimony terms. When children are involved, while a savvy lawyer would never micro-manage the co-parenting of children, as many details as possible should be included in issues ranging from extra-curricular activities to the allocation of college related expenses.
In Busch v. Busch, the parties were married in 2004. The parties divorced in June 2016 after separating in June 2014. The parties divorced pursuant to a Final Judgment of Divorce, which incorporated a Matrimonial Settlement Agreement. A matrimonial settlement agreement is negotiated and agreed to by the parties, and spells out the terms of the divorce, including property division, alimony, child support and custody, among other things. The parties’ matrimonial settlement agreement stated that the wife would not receive any interest in the marital home but leave the marriage free of debt. However, the matrimonial settlement agreement did not list the specific debt. The matrimonial settlement agreement also contained some ambiguity due to the handwritten edits to the document.