1. What is contract law and why is it important? Contract law or the “law of contracts” is the area of law that deals with contractual obligations, whether written or verbal. Those who have heard of or dealt with contract law may have a slight notion of how it works if they have ever signed a contract for cell phone service or signed a mortgage agreement to buy a house. The law of contracts is not only ubiquitous in the world of commercial transactions, but it also plays an important role in many areas of the law including family law.
2. Common issues in contract law cases and materials In regard to family law, contract law issues often arise in regard to prenuptial agreements and custody agreements. Prenuptial agreements are contracts entered into before marriage, between two spouses and/or parties that often deal with financial and sometimes property matters. In other words, prenuptial agreements cover assets – what the spouse’s assets were prior to the marriage and the distribution of those assets in the event of a divorce. While the law of contracts often arises in regard to prenup agreements, it also arises in regard to child custody agreements that will be discussed in the following paragraph.
3. How can contract law issues arise in regard to divorce settlement agreements? In regard to divorce settlement agreements, contract law issues arise in regard to settlement of assets or property between spouses. Many people file for divorce with the intent of dividing marital assets or property with their spouse. The problem is that depending on how the assets or property is divided, the division can raise issues of contract law. For example, if one spouse decides to sell a marital home and keep all of the sale proceeds to themselves, their former spouse may have a claim against them based on contract law that can cause (depending on when the issue gets decided) significant delay and even recovery of some damages as a result of the spouse’s decision.
4. Custody agreements can include pitfalls of contract law. Contract law issues also arise in regard to child custody agreements. There are often contracts that have been made between parents regarding the custody of a child. The parents make decisions together and sometimes involve their children in the discussions. The possibilities are endless and if at any time a parent should decide they do not wish to abide by the contract made with the other parent, they could be in violation of contract law. Having civil and criminal litigation attorneys familiar with contract law can help avoid pitfalls that can arise in custody issues.
5. Tips for family law agreements avoiding problems in contract law cases and materials
6. Importance of professional legal advice on contract law issues
7. Issues of contract law in disputes between parents and children
8. General contract law pitfalls
9. Examples of contract law issues that come up for families and contracts
10. Have a legal consultation for best results.
