SIRLIN LAW FIRM, LLC FLAT FEE FAMILY LAW FIRM, LIMITED SCOPE LAWYER, FULL REPRESENTATION FAMILY LAW FIRM REGARDING “PROPERTY SETTLEMENT AGREEMENT”

Posted on by Randi

When drafting your final paperwork, it is a good idea to have a Property Settlement Agreement that is, “incorporated, but specifically not merged,” with the Decree of Dissolution or Consent Decree.

The reason is that, by using this language, you have a “stand alone contract,” so if one of the spouses or parents defaults on any of the terms of the contract, you can sue them in civil court, on the basis of breach of contract.

With a contract, you have 6 years to sue in civil court, pursuant to Arizona Revised Statutes, section 12-548.

While the family law court has full discretion as to whether to award a part attorney fees and costs, or not. However, if you sue in civil court, the Court SHALL award attorney fees and costs to the prevailing party. This way, if you sue and the other parent or spouse did default in regard to the terms of your property settlement agreement, you don’t run the risk of having to pay your own attorney fees.

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