As long as both parties agree can't you do mutual agreements and write it down?

Question

Then if you stop agreeing one of the parties can file a motion right? And you can just bring that letter as to say what the previous agreement had been

Answer 1

Your question is a little unclear. Is this a family law matter? If so, the Court may look to it, but will still have to view it from a legal standard, such as the best interest of the child. Example, Man agrees to pay no child support and also agrees not to see the child except on certain holidays. The Court will find that the Man has to pay child support, regardless of a written agreement. Why? Because the child is the person who benefits from the support.

Now if you are just two individuals who draw up a contract, then it comes down to this: 1) did the parties intend a contract? [Mutual assent]; 2) was there an offer? 3) was it accepted? and 4) was there consideration? There are other niceties but this is the basic design. Then it is up to the parties to fulfill their roles in the contract. Failure to do so is breach and can lead to getting sued. It will not be a motion.

Answer 2

CYA - protect yourself. If you have a "mutual agreement, " don't just get it in writing: have it witnessed and notarized. And if it's something like a custody agreement, even tho you draft it yourselves, the court has to sign off on it. It's money well spent to have an attorney look over what you've drafted - pay now, or pay later.

Answer 3

Yes and no. Mutual agreements do not over-ride court orders. I have seen your many questions concerning the visitation change you desire. You can sign all the things you want, however it does not over-ride the court order.

That being said, you can jointly petition the court for a change and it is highly likely the change would be granted.

Answer 4

Sure but it may or may not be enforceable depending on the specific contract language. That is what lawyers spend time to learn how to do.

One rule of thumb is that contracts are written when everyone is happy, but most of the language is used to define what happens when people are not happy. Leaving all that language out is a recipe for disaster in any contract you intend to rely on.

Answer 5

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