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Definition Breach of Contract - a party’s failure to perform according to the terms set forth in a contract.
Application in Divorce A Separation Agreement and/or a Marital Settlement Agreement, when signed, is a legal binding contract between two spouses. Since this type of agreement (contract) is often executed upon separation, it intended purpose is to establish and understanding between two spouses on how things will continue forward up until a divorce is finalized. If one or both of the spouses do not act according to what is stated and agreed to in the separation agreement, he or she is said to be in "breach of contract".
Questions & Answers
Helpful Tips & Facts
  1. Get it in Writing
    Yes, a spouse can easily go against his or her word by breaching a signed contract, but at least if you have it in writing, you have some ammunition for the courtroom if needed.
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