How to Amend a Settlement Agreement
There are occasions when a settlement agreement in a lawsuit (or in a divorce case) requires an amendment. For example, if a necessary element inadvertently is left out of the initial document. No matter the reason, there is a specific process by which the parties to a lawsuit (or divorce) are able to amend a settlement agreement. As is the case with the original settlement agreement, the amended document must be agreed to and signed off on by all parties.
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Instructions
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Review the original settlement agreement and identify the specific provision that must be amended or the location in the document where an additional item is needed.
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Prepare a draft amended settlement agreement. Although you can write an amendment to be attached to the original agreement, following that course can be confusing in the long run. The interests of the parties are best served--and confusion in the future is avoided--by drafting an entirely new and amended settlement agreement.
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Caption the amended settlement agreement along the lines of:
"First Amended Settlement Agreement."
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Include additional language indicating what the amended settlement agreement is replacing:
"The First Amended Settlement Agreement replaces and terminates the original settlement agreement executed on June 1, 2009."
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Include all provisions in the amended settlement agreement that are unchanged from the original agreement.
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Insert the new or altered provisions in the amended settlement agreement.
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Execute a sufficient number of copies of the amended settlement agreement so each party receives a signed copy.
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Tips & Warnings
Consider retaining an attorney to draft the amended settlement agreement. Although state and local bar associations cannot recommend a specific attorney to prepare this contract for you, these organizations typically maintain directories of attorneys in different practice areas. Contact information for these groups is available through the American Bar Association.
