QUESTION
Can I change mediation agreement to spouse's benefit?
Asked on Dec 09th, 2014 on Divorce - Florida
More details to this question:
Under mediation, spouse agreed to pay outstanding debts in 6 months and to buy me out of property in a year and a half. I was wondering if It is possible, and how, to have the buyout part removed from the agreement and just quit claim deed the property over without the buyout?
5 ANSWERS
Eduardo Julio Mejias
You and your spouse can sign and file and amended mediation agreement with the new terms. If a final judgment has already been entereted, however, you must also file a final judgment that adopts the amended agreement.
Answered on Dec 11th, 2014 at 6:09 AM
You and your spouse can amend, cancel or enter into a new agreement at any time BOTH of you agree to do so. Good luck.
Answered on Dec 10th, 2014 at 6:31 PM
John Arthur Smitten
You have to redo the agreement. Use of a lawyer is recommended.
Answered on Dec 10th, 2014 at 6:31 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, you may modify the terms of an existing agreement, by entering into a new agreement containing the new terms, which is executed with the same or greater formalities as the original agreement. If the original agreement was submitted to the court for approval and/or incorporation in the original final judgment, then the new agreement should be as well. Consult with an attorney who can review your documents and discuss the specifics of your situation, and your options.
Answered on Dec 10th, 2014 at 6:30 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You can choose not to enforce the agreement and write something up that says you will not be enforcing it and the other side does not have to buy you out.
Answered on Dec 10th, 2014 at 6:30 PM