At Fraier and Maillet, we help you look beyond your immediate needs and design documents that work for your life after divorce. Call us at (508) 393-3525. Compare a separation agreement whose terms state that the parties intend to make a divorce judgment, but that the agreement is only in the form of a contract of independent legal importance. In this case, the amendments and contempt of the Court are not so easy to obtain. Indeed, a party wishing to amend a surviving separation agreement must prove “a little more” than a substantial change in the circumstances justifying a review. The implementation of an agreement still in force can be made either in the estate court or in a civil proceeding before the Supreme Court; it is like any other breach of contractual remedies. To speak to a divorce lawyer or other family law cases, contact Mavride Law in Boston, Newton, or Quincy, MA. To agree on a first consultation, call 617-723-9900 or contact the company firstname.lastname@example.org Property Division cannot be changed: that is, these provisions still survive under the terms of your separation agreement, either “merge” or “survive” a divorce judgment. An extremely technical aspect of the separation agreements in Massachusetts is this classification, which determines whether the terms of the agreement “merge” or “survive.” The way a term is categorized can dramatically alter the long-term impact of your divorce judgment.
This classification will determine whether you or your spouse can return to court after the end of the divorce and ask the court to amend some of the merged issues that were decided during your final divorce. It is important to note that the sharing of assets and liabilities is final and cannot be changed, whether the terms of sharing survive or merge. It is also important to understand that most children`s issues must be merged by law. In other words, children`s issues need to be merged and could be changed in the future. For more detail: The difference between “merged” and “survivor” terms are: A “survivor” agreement does not prevent the change of child custody No fraud, there is no basis for the subsequent sharing of the property, once it has been divided by agreement, after 208 section 34. see Kirtz v. Kirtz 12 Mass. App. Ct. 141, City, Maze v. Mihalovich, 7 Mass. App.
Ct. 323, Belsky v. Belsky 9 Mass. App. Ct. 852 and others. A very technical aspect of divorce in Massachusetts is whether a separation agreement will “merge” and “survive.” These words can radically change the long-term effects of your divorce judgment. It decides whether you or your spouse can return to court after the divorce is concluded and asks the court to reconsider the issues decided during your divorce on the basis of a significant change in circumstances. Even if the separation agreement were to survive the divorce order, an amendment to the child custody regime may be amended by the court.