Settlement Agreements

Whenever a divorce action commences, a number of issues must be resolved. These issues include child custody and support, maintenance, equitable distribution and so on. Whenever possible, Ross S. Gelber, Esq., attempts to resolve these issues through negotiation. If the negotiations are satisfactory to all parties, often times a separation and property settlement agreement (PSA) is drafted setting forth the terms the parties agreed upon.

There are a number of benefits to using a PSA during divorce proceedings. Generally speaking, a PSA is a written instrument of the parties’ agreement. Therefore, it contains the terms the parties themselves came up with as opposed to a Judge rendering a decision for them. Additionally, if the parties agree on the terms of their divorce that usually means that the divorce settled without the need of trial. Trials are very costly and time consuming, negotiating a successful agreement will help keep the costs of litigation to a minimum.

One will often hear the phrase “incorporated, but not merged” when it comes to PSAs. If the terms of the parties’ agreement are incorporated, but not merged with the judgment of divorce, then the terms of the agreement continue to be binding as a separate contract between the parties. This carries a significant impact on a party’s ability to modify the terms of the agreement in the future.

At the law office of Ross S. Gelber, Esq., your attorney will review your situation and recommend a course of action for you. If it the use of a PSA is appropriate, Ross S. Gelber will negotiate the best possible settlement for you.

For more information please contact Ross S. Gelber, Esq., at 716-632-5919 or rgelber@rossgelberlaw.com.