Even if the Family Advocate’s office does not endorse your settlement agreement, you can present evidence in Court to show that it’s in the best interest of your minor children. As the upper guardian, the Court has the authority to agree an order.
When divorcing couples with minor children reach a settlement agreement, it is typically sent to the Family Advocate’s office for review and endorsement. This step is crucial in unopposed divorces to ensure that the agreement serves the best interests of the children involved.
However, it’s not uncommon for the Family Advocate to decline to endorse a settlement agreement. This can happen if they believe certain wording is inappropriate or that the proposed arrangements do not sufficiently protect the children’s well-being.
So, what happens if your settlement agreement isn’t endorsed? Don’t worry – you still have options.
What Are Your Options?
1. Revise the Agreement
If you agree with the concerns raised by the Family Advocate, you and your spouse can amend the settlement agreement. By addressing their remarks in an addendum, you can resubmit the agreement for endorsement.
2. Take the Matter to Court
If you’re confident that the settlement agreement is in your children’s best interest, you can take the matter to Court. However, it’s essential to understand that this approach carries risks.
The Court as the Upper Guardian of Minors
The Court, as the upper guardian of all minors, has the authority to approve a settlement agreement, even without the Family Advocate’s endorsement. To do this, the Court will typically require the Plaintiff to provide oral evidence, explaining why the proposed arrangements are in the children’s best interest. The Court will then carefully assess the evidence before deciding whether to incorporate the settlement agreement into the divorce decree.
Why Legal Advice is Crucial
Family law matters can be complex and emotional. Seeking legal counsel before proceeding with any risky steps ensures you’re making informed decisions that prioritize your children’s welfare. A legal professional can help you navigate concerns raised by the Family Advocate or guide you through presenting your case in Court.
Final Thoughts
While the Family Advocate’s endorsement is valuable, it is not the final word on your settlement agreement. The Court can still approve it if the arrangements truly serve the best interests of your children. Always approach such matters with care and proper legal guidance to secure the best possible outcome for your family.
