Can a written marital settlement agreement be modified orally? What if the agreement requires that all future modifications must be in writing?
After prolonged litigation, lengthy negotiations and multiple redrafts of agreements, parties to agreements may be reluctant to return to their attorneys to modify their agreements if they believe they have reached an agreement with the other party to make a change to the agreement or to modify the way it is to be implemented. If the newly reached agreement between the parties is not memorialized in writing, the “he said, she said” battle that was resolved by the initial written agreement, particularly between two former spouses, may resume. For that reason, agreements, including marital settlement agreements, frequently contain the following language: “No modification or waiver of any of the terms of this agreement unless in writing and signed by both parties.”
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