Divorce question

[LdiJ]

Generally speaking, any agreement signed (and notarized) by the parties to the agreement becomes a legally binding contract.

Under contract law, yes. In fact, a contract doesn't have to even be notarized. However, this isn't contract law its family law and that works differently. Its not legally binding until the judge signs off on it.

 

[Zigner]

Under contract law, yes. In fact, a contract doesn't have to even be notarized. However, this isn't contract law its family law and that works differently. Its not legally binding until the judge signs off on it.

But what if the "agreement" was a post-nuptial agreement? That doesn't need to be signed by the judge to be legally binding.

 

[quincy]

Under contract law, yes. In fact, a contract doesn't have to even be notarized. However, this isn't contract law its family law and that works differently. Its not legally binding until the judge signs off on it.

Um ... no.

Any agreement made by the parties to the agreement can be legally binding on the parties (absent certain facts that can make the agreement void or unenforceable as written).

Many divorcing couples will sign agreements prior to divorce (e.g., property settlement agreements, prenuptial agreements) and these agreements will be attached to the divorce decree.

 

[LdiJ]

Um ... no.

Any agreement made by the parties to the agreement can be legally binding on the parties (absent certain facts that can make the agreement void or unenforceable as written).

Many divorcing couples will sign agreements prior to divorce (e.g., property settlement agreements, prenuptial agreements) and these agreements will be attached to the divorce decree.

And get signed off by the judge. Prenuptial agreements are another story and it has been discussed on these forums thoroughly it is easy for prenuptial agreements to be overturned if they are not done "just right". You are doing this OP a disservice by allowing him to think that she cannot withdraw her consent to the non-contested divorce.

Now, its highly possible that what the judge will order is very similar to what they originally agreed upon, as their original agreement seemed to fit the normal mold, but that doesn't guarantee that it will come out that way.

 

[Zigner]

We need to know what was signed, and only one participant in this thread knows.


For the record, I am of the opinion that whatever was signed can likely be "backed out of", since it's quite likely that there was no consideration that would be required to enforce it as a contract...but that brings me in to the realm of guessing.

 

[quincy]

An agreement that was entered into by the parties prior to divorce potentially can be changed by the court if one of the parties requests of the court that changes be made. But the agreement does not become void or unenforceable just because one of the parties decides they don't like the agreement they signed.

 

[Kennyp217]

We need to know what was signed, and only one participant in this thread knows.


For the record, I am of the opinion that whatever was signed can likely be "backed out of", since it's quite likely that there was no consideration that would be required to enforce it as a contract...but that brings me in to the realm of guessing.

The paperwork that was signed and notarized is the divorce agreement between me and her. It listed specifically who got what

 

[Zigner]

The paperwork that was signed and notarized is the divorce agreement between me and her. It listed specifically who got what

Then, yes, that would need to be ordered by the court. I'm going to "assume" that the attorney is her attorney. As such, you can plan on that agreement never being filed.

 

[Kennyp217]

Then, yes, that would need to be ordered by the court. I'm going to "assume" that the attorney is her attorney. As such, you can plan on that agreement never being filed.

Yes that is her attorney. I will be meeting with my attorney next week to discuss this.

 

[quincy]

Yes that is her attorney. I will be meeting with my attorney next week to discuss this.

Here is a link to an Alabama Court of Appeals case (Allen v. Allen, 903 So.2d 835, 2004) that speaks to incorporating a previously signed settlement agreement into the divorce decree, over one party's objections. I do not know, and did not check to see, if there is a newer case that might contradict anything in this court's opinion:

https://law.justia.com/cases/alabama/court-of-appeals-civil/2004/2030188-0.html
It is good that you will be hiring your own attorney. It appears your nice uncontested divorce might start to get a bit ugly.