Mrs Peach and Mr Peach wanted to get divorced. They concluded a Settlement Agreement and Parenting Plan and proceeded to finalize the divorce. However, after the divorce was finalized, it came to Mrs Peach’s attention that the Decree of Divorce was materially incorrect in that the Judge, at the time, did not follow the agreed terms in the Parenting Plan.
The Decree of Divorce reflected the polar opposite of what Mr and Mrs Peach agreed to. Mrs Peach approached our offices to assist her in amending the Decree of Divorce. Our offices advised Mrs Peach of her options and cautioned her of how important it was to correct the Decree of Divorce because it superseded the terms in the Parenting Plan. Mrs Peach was very stressed about getting it corrected and we assured her that we would support her every step of the way and get it done for her.
Our offices attended to the relevant Court, and had a meeting with the relevant Judge, who outright refused to make the corrections. Our only alternative was to bring an Application for Variation before the same Court. The Application to the Court consisted of an Affidavit by Mrs Peach which set out the corrections which needed to be made, attaching all the relevant documentation and confirmation that Mr Peach was not opposing it.
Our offices appeared in Court and made submissions before the Judge, who accepted that the corrections needed to be made.
Mr and Mrs Peach finally received the correct Decree of Divorce reflecting the terms that they had agreed upon. Mrs Peach was extremely relieved and grateful that we could resolve what she felt to be impossible.
Often there is a misconception that an attorney is an attorney, a ‘jack of all trades’, but we all know that only ends in being ‘the master of none’. At Benita Ardenbaum Attorneys, family law matters are our niche and we strive for the best results for our clients.
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Author – Tess Williams
