This would seem, at first glance, to be a simple topic.  Absolutely not!!!  First, a settlement agreement does not create a legal separation in Pennsylvania. There is basically no such thing as a legal separation.  When lawyers talk about an agreement, what they are talking about is a contract, either written or oral. A contract is defined as an enforceable agreement.

By statute, a Family Court can enforce a settlement agreement as if it were an  order entered by the Family Court. This is a much faster process than enforcement of a contract in a separate legal action; weeks instead of months or years. It is even possible to enforce a support agreement with a contempt proceeding which could result in the civil incarceration of the breaching party.

Expensive, emotionally draining and time-consuming litigation can usually be avoided with the parties' entry into a fair and equitable settlement agreement. Experienced lawyers can often predict, at least generally, what the parties could anticipate if the matter were litigated to a bitter conclusion.  In a good agreement, both parties are usually a a little unhappy. Usually, when litigation is concluded, someone is very unhappy.

Settlement agreement provisions may be subject to modification by statute.  Specifically, a provision of an agreement regarding child support, visitation or custody shall be subject to modification by the court upon a showing of changed circumstances. In the absence of a specific term in the agreement allowing modification, the court may not modify provisions relating to property rights and interests between the parties, tax issues, alimony, alimony pendente lite, counsel fees or expenses.

It is possible to do things in an agreement that the court would be unable to order. For example, at this time, Pennsylvania law does not compel either parent to pay for college.  However, is possible to create an enforceable provision for the payment of such education costs. 

I recommend to all parties that, through consultation with an attorney, they ascertain how the court would handle their issues, and arrive at terms that are similar in scope and nature.  Obviously, sometimes it is impossible to arrive at an agreement.

Settlement Agreements

John Wendell Beavers & Associates, P.C., a Pennsylvania Professional Corporation

John Wendell Beavers, Esq.

John Wendell Beavers & Associates, P.C.

(a professional corporation)

1518 Walnut Street, Suite 800

Philadelphia, PA 19102

Phone: 1-215-732-0600

Office Email: trial.lawyer@verizon.net

Home Email: jwbesq@comcast.net