John Bednarz, P.C. | Divorce & Family Law Attorney
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Fairness and the settlement of property during a divorce

If an Arizona couple can put its differences aside and allow the partners to work together to create a balanced, reasonable property settlement agreement, then a divorce court will often approve that agreement without further negotiations. But reaching such an agreement is not always easy, especially in the swirl of emotions that normally permeates a breakup.

A reasonable property settlement agreement that is fair to both of the parties to the ending marriage may look different based on the earning capacities and other factors related to the parties; it is for this reason that courts consider each divorce on its own merits to allow the unique needs of each divorcing couple to be represented in the settled issues of their marriage.

Conversely, if a couple provides a court with a property settlement that is significantly skewed in favor of one of the partners over the other, then the court may mandate that the parties attempt to find a more balanced agreement before they return for the court's approval. Agreements that exhibit coercion or that do not represent the interests of one of the parties may be taken by the courts for litigation so that the parties both have opportunities to present their needs.

There are therefore several different ways that a property settlement agreement or order may come into fruition. It is generally good for the parties to be able to create their own agreements since they then have the most control over what terms they will be subjected to, though when one party may influence or intimidate the other during such negotiations it may be impossible for the non-aggressor to adequately voice his or her needs.

When negotiating a property settlement, child custody or support agreement it is always an option for a party to work with a divorce attorney. Lawyers who practice family law can offer their clients knowledge about an otherwise complex legal situation that may have lasting effects on their clients' lives.

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