Legal Question in Family Law in Massachusetts
Can changes be made to a separation agreement without going to court?
2 Answers from Attorneys
Informal agreements can be made, however, they are not considered to be legally binding and can be revoked. If the agreements are oral (spoke), then they are difficult, if not impossible, to prove.
I agree with the previous attorney.
If you and the other party are in agreement, the easiest thing is to speak to an attorney who can draw up a complaint for modification of your separation agreement. The changes will need to be approved by the court.
Just agreeing to the change between yourselves may seem like a good idea in the short run, but if a disagreement were to break out between you an argument could be made that one or the other party is in contempt.
Feel free to contact our office if you would like to discuss your situation in greater detail. 617-357-4898.