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Verbal Agreement Hold up in Divorce

Samstag, 18. Februar 2023 | Autor:

When a couple decides to get a divorce, dividing assets and making decisions about child custody can be a complex process. One area that often causes confusion and conflict is the issue of verbal agreements between spouses.

Verbal agreements are agreements made between two people without the use of a written contract. In a divorce situation, verbal agreements can refer to agreements about anything from dividing property to child custody arrangements.

The problem with relying on verbal agreements in a divorce is that they can be difficult to enforce. In many cases, the terms of a verbal agreement may be unclear or disputed by one or both parties. Without a clear record of the agreement, it can be difficult to determine what was agreed upon and to hold both parties accountable.

In some cases, verbal agreements can hold up in a divorce. This is more likely to happen if the agreement is clear and unambiguous, and if both parties are in agreement about the terms. For example, if a couple agrees verbally that one spouse will keep the family home while the other takes a larger share of retirement savings, and both parties are in agreement, the court may honor that agreement.

However, in many cases, verbal agreements can be a source of conflict and frustration. If one spouse disputes the terms of the agreement, or if there is confusion about what was agreed upon, it can be difficult to enforce the agreement in court.

To avoid problems with verbal agreements in a divorce, it is important to have a written agreement in place. This can be a formal legal document or a simple written agreement signed by both parties. A written agreement can help to clarify the terms of the agreement and ensure that both parties are on the same page.

In addition to having a written agreement, it is also important to work with an experienced divorce attorney. An attorney can help to ensure that your interests are protected and that any agreements you make are enforceable in court.

In summary, while verbal agreements can hold up in a divorce under certain circumstances, they are generally not recommended. To ensure that your agreements are clear and enforceable, it is best to have a written agreement in place and to work with an experienced divorce attorney.

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