Family
Jan. 25, 2012
Be wary of using boilerplate provisions
Using boilerplate provisions in marital settlement agreements can result in unintended consequences.
Mitchell A. Jacobs
Law Office of Mitchell A. Jacobsfamily law (certified)
21860 Burbank Blvd #175
Woodland Hills , CA 91367-7438
Phone: (310) 717-1447
Email: mjacobs@jacobsfamilylaw.com
California Western Law School
Mitchell A. Jacobs is a certified family law specialist who limits his practice to serving as a private judge and mediating marital dissolution and other family law matters.
You recently advised your family law client to execute a stipulated judgment that contains a boilerplate waiver of all claims under Civil Code Section 1542 and a prevailing party attorney fee provision. Did you advise your client that these two provisions could result in the client not recovering statutory attorney fees in the event of future litigation between the parties?
In re the Marriage of Guilardi addresses this issue. Here, the husband and wife separated after a ...For only $95 a month (the price of 2 article purchases)
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