South Carolina Divorce Settlement Agreement

The husband and wife acknowledge that everyone entered into this agreement in good faith and without coercion or undue influence. Everyone understands their right to seek independent advice on this agreement and everyone has had the opportunity to obtain independent advice prior to the signing of this agreement. However, in South Carolina Family Court, a judge still has to approve the agreement and make it a court order before the agreement becomes binding on the parties and therefore enforceable by the court`s contempt powers. The conclusion of an agreement that is not binding on the parties contradicts the objective of concluding a legal separation agreement without dissolution. An important clue in real estate transaction agreements (and another reason to call your lawyer before signing). . . . Real estate transaction agreements, once approved by a South Carolina family court, are generally not editable!!! If the other party has no fraud or disclosure, you will stick to it as soon as the family court has approved the asset transaction agreement. In theory, family allowances can be agreed, but there are general principles in maintenance agreements that must always be taken into account and addressed to the satisfaction of the Court of Justice. First, any “negotiated” amount of child assistance should be fair or close to what the DSS Child Support Guidelines dictates. What leads directly to the second principle is that a negotiated agreement on family allowances is never considered final in the eyes of a South Carolina family court. The court retains permanent jurisdiction over child custody and may make changes to support premiums based on future changes in circumstances, although an agreement is reached Like family allowances, alimony can be negotiated in the form of a settlement agreement and contractually agreed.

Like child support, South Carolina family courts retain responsibility for child support, although it has been contractually agreed, unless the contract states that the parties intend to no longer be able to change child support in the future. In this case, the Tribunal does not have jurisdiction to change the maintenance payments in the future. CONSIDERING that we have all done good faith and that we have revealed ourselves in a fair, accurate and complete manner on all financial and patrimonial matters related to this matrimonial agreement; This agreement defines the entire agreement and understanding between husband and wife with regard to the settlement of property and war finances and replaces all prior discussions between us. No modification or supplement to this Agreement, or waiver of the rights conferred by this Agreement, shall be effective unless signed in writing by the party to be accounted for. . . .