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Revoking Marital Settlement Agreement

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THXtech

Junior Member
What is the name of your state? Kentucky

My wife and I separated in April of '05. We agreed on how to split any equity and/or debt. I had a Marital Settlement Agreement drawn up by a "non-contested only" attorney and we both signed it in August of '05. Due to other circumstances, we are just now ready to file for divorce although my wife no longer wants to abide by the terms set in the agreement. Although it WAS signed by both of us, can she have the agreement revoked due to the fact that it hasn't been filed with the court or would that constitute breach of contract ?
 


BelizeBreeze

Senior Member
THXtech said:
What is the name of your state? Kentucky

My wife and I separated in April of '05. We agreed on how to split any equity and/or debt. I had a Marital Settlement Agreement drawn up by a "non-contested only" attorney and we both signed it in August of '05. Due to other circumstances, we are just now ready to file for divorce although my wife no longer wants to abide by the terms set in the agreement. Although it WAS signed by both of us, can she have the agreement revoked due to the fact that it hasn't been filed with the court or would that constitute breach of contract ?
Take the 'agreement' to a local attorney for an opinion. you can't do anything until such time as she violates the agreement so go ahead and file and include the agreement in your filing.
 

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