The property settlement is often one of the most hotly contested aspects of a divorce case due to the financial stakes at play. Giving up a substantial portion of one’s wealth is not easy for some divorcing spouses to accept. Most spouses find a way to make peace with this part of ending their marriage, but others go to great lengths to avoid complying with the court’s orders or executing the negotiated agreement. Unfortunately, this choice can leave the other spouse in precarious financial straits, so it is important to understand the legal options for enforcing a divorce settlement.
An extreme example of tactics to avoid paying a property settlement is playing out in the divorce case of a former Board of Trade head who spent the holidays in jail for his refusal to pay his ex-wife the $18 million settlement she is owed. While most spouses do not have the means to transfer assets out of the U.S. and live abroad to avoid paying a divorce settlement, the mechanisms to force compliance are the same in all cases, and a spouse who violates the terms of a divorce settlement can face serious repercussions.
Petition to Show Cause
When a divorce settlement is entered into court records upon the finalization of the divorce process, it becomes a court order that both spouses are required to follow. A spouse who violates a court order can face serious civil and/or criminal consequences....
When parents decide to divorce, the process consists of more than simply deciding who will move out and how time with their children will be shared. The heart of any divorce decree is the settlement that outlines how a couple will address support, property division and child custody. Settling these issues is pivotal to concluding this process. However, due to the sensitive nature, these issues are some of the most difficult matters a person will ever consider.
Courts can be tasked with creating a settlement; however, they will be restricted by the confines of the law and the Judge’s limited knowledge about the parties’ needs and expectations. A better alternative is to negotiate a private settlement agreement that serves to keep the details of the divorce confidential and grants spouses more control over the outcome. Couples tend to underestimate how much work these endeavors require, as well as the approach most likely to lead to a fair and workable agreement.
What Goes into a Divorce Settlement?...
Initiating the divorce process, once the decision to end a marriage has been made, can quickly overwhelm many people. Divorce is unavoidably emotional, and adding in the often-mysterious legal process to achieve an uncomfortable end can be daunting. The traditional image of a bitter and protracted trial to resolve disputed issues does not help alleviate this natural trepidation. Negotiating a private settlement is more naturally associated with divorces that have no or few issues to resolve. However, this much less contentious method of working through disagreements is also available for couples with complex matters to sort out, and may offer a better alternative in the long-run, compared with the restraints of letting a judge decide the outcome.
Former power couple Anthony Weiner and Huma Abedin, who are likely to have a number of high-conflict issues, recently decided to take their divorce into private negotiations to avoid the spotlight of a public trial that serves as an example of the benefits of this process in hotly contested divorces. Consider the following information on how the negotiation process works, and important advantages this alternative has over litigation.
What Negotiation Looks Like...