Be it economic changes, relocation, child custody, alimony payments, a critical illness or disability, legal problems may arise even after a marriage has ended, and the divorce settlement finalized.
Family disputes after an amicable divorce come up when a party to the divorce encounters life-changing situations, or when a party fails to comply with the commitments laid down in the divorce agreement.
These conflicts usually require judicial intervention, and often a civil court, after hearing both parties, recommends enforcement or amendment of the divorce agreement. Common family disputes after a divorce include:
Enforcement of the Divorce Agreement
If a party intentionally makes no attempt to honor their obligations specified in the divorce agreement, the other party may request the court to intervene and strictly enforce the divorce agreement. Several legitimate reasons can lead to the enforcement of a divorce agreement, such as child custody, non-payment of alimony, or visitation issues, where one spouse denies the other to be with the child.
These post-divorce disputes may require a civil court to make a decision. The judge can enforce non-payment in many ways, including the annexation of salaries or private property. With visitation-related issues, the judge can add clauses to the divorce agreement, so that in the future, all parties follow the visitation schedule.
Divorce Agreement Modification
A request to modify a divorce agreement is a common dispute after the final settlement of a divorce. A specific request to amend the divorce agreement is usually made when one party’s life changes significantly after the divorce, because of an acute illness, loss of employment, or physical disability. In such tragic cases, either party can request the court to modify the original agreement to reasonably accommodate an increase or decrease in support payments.
Modifications to the divorce agreement, however, can be negotiated between the parties through mutual consent, or by a court order. Legal proceedings are initiated if one party does not agree to the modifications proposed by the other. Making a proper application to modify your divorce agreement in a court of law involves a complicated procedure, and you may need the services of an experienced divorce attorney to help you with the legal process.
Divorce is one of the most painful events of life, and fierce disputes after a divorce can trigger emotions to run high, naturally leading to increased tension and annoyance. You will need an expert family lawyer to defend your interests in the case of post-divorce disputes. Family Lawyers Newcastle has a high success rate in assisting clients to achieve their objectives, thus helping them to get on with their lives and start fresh.