Hon. Joan M. Kubalanza, (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article with the Chicago Daily Law Bulletin. Her article, Reaffirm Original Terms When Amending a Marital Settlement, reminds all attorneys – but especially family law attorneys – of an important tenet in contract law regarding amendments.
“There can be no argument that a settlement agreement is a contract or that an amendment to that agreement is also a contract,” writes Judge Kubalanza. “Therefore, if the original agreement is to be amended, the parties should make very clear that the amendment only changes the terms enumerated in the amendment and no other terms in the original agreement.”
Hon. Joan M. Kubalanza, (Ret.) is a senior mediator and arbitrator concentrating in family law. Judge Kubalanza spent more than 24 years litigating commercial cases and served for 11 years as an Associate Judge in the Circuit Court of Cook County, spending five of those years in the Child Protection Division and the remaining years as a trial judge in the Domestic Relations Division. Her experience in and knowledge of family law allows her to develop innovative ideas for settling the most difficult cases.
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