Will judge follow post-marital agreement during divorce?

[apple_to_orange]

I found out my wife had affairs with couple guys two years ago. I filled divorce. She did not want to divorce. We ended up with a post-marital agreement. My lawyer drafted this agreement, my wife, my lawyer and I all signed this document. We also notarized our signatures.

Recently I told my wife I wanted to follow the term in post-marital agreement to end our marriage. She wanted to renegotiate the term again.

My question here is: In California Court, Will judge follow or honor the agreement signed by both my wife and I.

 

[mistoffolees]

I found out my wife had affairs with couple guys two years ago. I filled divorce. She did not want to divorce. We ended up with a post-marital agreement. My lawyer drafted this agreement, my wife, my lawyer and I all signed this document. We also notarized our signatures.

Recently I told my wife I wanted to follow the term in post-marital agreement to end our marriage. She wanted to renegotiate the term again.

My question here is: In California Court, Will judge follow or honor the agreement signed by both my wife and I.

Yes and no.

The court is not bound by any agreement it did not participate in. The judge is free to completely ignore your agreement.

However, most courts will consider such agreements as an understanding that the parties had reached and what each party had considered fair, at least at one point. If your stbx simply says "I just changed my mind and don't want to agree to anything", the judge might stick with that agreement. OTOH, if your stbx says "at the time the agreement seemed reasonable, but I've found that it won't work and here are good, solid reasons why", then the judge is more likely to ignore it.

 

[LdiJ]

The nature of the agreement also matters. If the agreement outlined child custody matters, for example, its likely to get thrown out. If it outlines a reasonably fair marital property settlement agreement its more likely to hold.