Agreements can always be used to resolve issues such as custody and access, child and spousal support and dealing with family property. There is no requirement that parties seek a court order, except to legally end a marriage by divorce.
Agreements can deal with only some of the issues if it is not possible to agree on all of the issues. Parties can decide to settle things by agreement even after a court case has been started. Court cases can be settled by agreement any time before the court makes orders. Even after court orders have been made parties can jointly ask the court to change orders if they both agree. The process is simpler and less time-consuming than when the parties do not agree on the orders they want.
An agreement can still be very valuable even if the parties decide they need a court order. Parties can ask the court to incorporate the terms of their agreement into a court order. This can make the court process simpler, less time-consuming and less expensive.
Whether parties are using an agreement to resolve their issues or asking the court to incorporate the terms of their agreement into a court order, it is important to remember that in most cases parties will be expected to live with the arrangement they have made. Courts are reluctant to make changes to agreements made in good faith unless the interests of a child are involved. For this reason it is important that each party get independent advice from their own lawyer before signing any agreement.
