Section 4.12 Rights
| Library | Family Law Deskbook and 2014 Supp |
a. (§4.12) Rights
A common attack is that the spouse did not know and understand his or her legal rights upon death or dissolution of marriage. Theoretically, the use of independent legal counsel by each party and written certifications by counsel will thwart this claim.
But the level of counsel’s experience and the advice actually given in these matters may become an issue. Hence, the agreement and the record of the signing, if any, should contain acknowledgments that each party has obtained advice of...
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