Saturday, January 16, 2010

Drafting Agreements - Cover All the Bases

Take this scenario: parties agree that one gets Y unless x happens. Being even more specific, assume that one party agrees to give the other half a pension, unless the other married.

What happens if the other party does not marry but lives with someone? Does the other party get the share of the pension?

Answer: Yes.

You get stuck with the language you put into an agreement. No better reason exists for getting a lawyer to at least read any agreement put together during any case. A lawyer provides to the parties an objective, critical for catching the problems that might arise out of a proposed agreement. I think document review would be a perfect candidate for an unbundled service.

Married means married. If the Decree/agreement says married, then
living together does not matter. She gets the pension.

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