Question:
My wife and I signed a marital settlement agreement we drafted ourselves. We had it notarized and witnessed by two parties.
Does this agreement have any legal validity as we proceed with our divorce?
Answer:
First let me preface my answer by stating that I am not licensed to practice law in the state of Pennsylvania. Cordell & Cordell does have attorneys who are licensed in the state of Pennsylvania who would be more than happy to sit down and discuss your case in more detail.
In most states, if a Court finds that the agreement is conscionable, then the Court will abide by the agreement. However, if a party challenges an agreement because they were coerced, were under duress or all the assets and liabilities were not disclosed, then a Court could set aside the agreement.
You should speak to an attorney in your jurisdiction to determine if the timing of your agreement will have an affect on your divorce.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
