Negotiated Family Law Agreements

Finding a solution outside of the courtroom provides a less stressful and more effective way to move forward in a family law matter. A negotiated agreement allows you and your spouse (or ex-spouse) to work together to settle key issues such as child custody, property division, and support. By negotiating directly, you create a tailored agreement that meets both of your needs, while avoiding the expense and emotional strain of a lengthy court battle.

What is a Negotiated Agreement?

Rather than leaving important decisions about your family up to a judge in a courtroom, a negotiated agreement lets you and your spouse find solutions that suit your needs and interests. These agreements are tailored for your specific situation, making them more flexible and personal than a court-imposed ruling.

In New York, negotiated agreements are commonly used in both divorce and child custody cases. If you and your spouse can agree on key issues, the terms can be written into a formal document, often referred to as a Separation Agreement or Marital Settlement Agreement. Once signed, it is submitted to the court for approval, after which it becomes enforceable by law.

How Are Negotiated Agreements Conducted?

The process of reaching a negotiated agreement in a family law case typically follows these 6 steps:

1. Initial Discussions:
   The process begins with open discussions between both parties, often with their attorneys present. Each party outlines their preferences, needs, and concerns. The goal is to identify the key issues, such as property division, child custody, and financial support, that need to be resolved.
2. Hiring Attorneys:
   While you may choose to negotiate directly with the other party, many people opt to have an experienced family law attorney involved to make sure that their legal rights are protected. Your attorney will guide you through the process, help you understand your options, and draft the agreement.
3. Negotiation Meetings:
   Negotiations can take place in person, through telephone calls, or even via email. In some cases, the parties may meet face-to-face, with their attorneys present. In other cases, negotiations are conducted through written correspondence. A neutral third party, such as a mediator, may be involved to help facilitate discussions.
4. Compromise and Agreement:
   During negotiations, both parties will have to make compromises to reach a final agreement. For example, if one party wants sole custody of the children, but the other party disagrees, both may need to find middle ground. The agreement should be fair and reasonable to both parties.
5. Drafting the Agreement:
   Once an agreement is reached, it is put into writing. This written agreement outlines all the terms and conditions that both parties have agreed upon. It is important to have an attorney review the document to ensure it meets all legal requirements and protects your interests.
6. Court Approval:
   After the negotiated agreement is drafted and signed, it is submitted to a judge for review. The judge will ensure the agreement is fair, legal, and in compliance with New York law. Once approved, the agreement becomes a court order, which means it is enforceable by law.

Benefits of Negotiated Agreements

Choosing a negotiated agreement offers several advantages, including:

• Cost-Effective: Avoiding a lengthy court battle can save both time and money. Negotiated agreements typically require fewer legal fees compared to a full trial.
• Flexibility: The terms can be customized to your unique situation, allowing both parties to find a solution that works for them.
• Less Stressful: Negotiations are usually less adversarial than court proceedings, which can help reduce stress and conflict during an emotionally difficult time.
• Control: You and your spouse have the power to make decisions about your future, rather than leaving these important matters in the hands of a judge.
• Faster Resolution: A negotiated agreement can typically be finalized much quicker than a court trial, helping you move on with your life sooner.

Contact Vacca Family Law

Negotiated agreements are a powerful tool in family law matters, allowing couples to reach amicable solutions without going to court. Whether a divorce, child custody dispute, or other family-related issues, negotiating an agreement will help you find a solution that works for both parties. At Vacca Family Law Group, we are committed to guiding you through this process with compassion and expertise.

If you're facing a family law issue and want to how to reach a negotiated agreement, Call us at (646) 798-4603 or contact us online to schedule your free introductory call. Our experienced attorneys are ready to help you create a solution that prioritizes your best interests and provides lasting peace of mind.