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Lawyer-Drafted Separation Agreement: What You Need to Know

Updated: Nov 8, 2023

It happens at least 1–2 times a week. I get a phone call from someone who tells me they have a Separation Agreement, but because it is so vague or does not have a particular clause in it, their ex is making trouble and they have no recourse… except to drop an $8000 retainer so that the lawyers can duke it out again.

My first question is, “Who drafted your agreement?” With 100% certainty, the answer is the same every time: a lawyer did.

Are you thinking what I’m thinking? You’re not wrong. Many Family Law lawyers write up intentionally poor Agreements, knowing that the probability of the parties eventually running into difficulties is reasonably high. And when that happens, cha-ching! Not only do they score another $8000 retainer, but so does their buddy in the law firm down the street, because both sides need a lawyer, right?

For instance, a woman called me today in distress because she cannot afford the extra expenses that her ex insists on racking up for their daughter’s involvement in elite sports. I asked her if there is a Dispute Resolution section in her Agreement? Nope.

Why?! How hard would it be to give clients a precedent-backed set of clauses that explicitly states that the parties must first try to negotiate between each other and if that doesn’t work, they work with a mediator next?

I’m sure you see where I’m going with all of this. There are two very easy ways to ensure that you don’t get stuck in this same, infurriating scenario.

#1. Work with an experienced Family Law Mediator who knows their stuff and is well versed in the how to write proper, comprehesive Separation Agreements.

and educate yourself BEFORE you agree to anything — with a mediator or a lawyer!

Here’s the problem. Most people are too emotionally overwhelmed when going through divorce to believe that they can understand how Family Law works. Legal information is difficult to source and lawyers can be challenging to follow in conversation.

Here’s the truth: it’s actually not that difficult if you have the right tools. That is exactly why I wrote the book above. You see, once upon a time I was that overwhlemed person getting divorced and yup — I ended up with an awful lawyer-written agreement.

I was determined to understand what went wrong in my situation so I could help people like you avoid the same mistakes I made. Today, I have created the tools I so desperately needed back then. It might be too late for me, but it is not too late for you. GET THE BOOK!

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