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David Bliven

This article addresses some deficiencies I’ve come across in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses practitioners may implement in their own practices. The suggestions discussed herein should in no manner be seen as an exhaustive list.

While divorce law permits parties to merely execute Affidavits of Plaintiff and Defendant even where children exist, when attorneys are involved generally a full stipulation of settlement should be drafted (indeed, some courts have begun requiring same). This is all the more the case when either assets or property exist between the parties—even if a distribution is waived.

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