Daily Archives September 12, 2021

DIVORCE SETTLEMENT AGREEMENT HELD INVALID AS CONTRARY TO THE BEST INTERESTS OF THE CHILDREN

The Court of Appeals in Spires v. Spires, held invalid portions of a Marital Separation Agreement that preemptively outlined and addressed the child custody of the children. The parties in order to amicably resolve martial issues had jointly drafted and signed a document described as a marital agreement, in which Mr. Spires promised to remain married to Mrs. Spires as long as she complied with thirteen Articles of Continuance as well as in the event of a divorce, seven Articles of Dissolution which essentially conferred on Mr. Spires sole custody of the children with absolute power to determine Mrs. Spires’
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