Question:
How enforceable is a divorce settlement agreement signed by both parties without a judge’s approval?
My spouse and I are trying to address property division issues without court intervention.
If we reach a divorce settlement agreement and sign and date what we agree to, then how legally binding is that agreement?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.
Please know that agreed to settlement terms are not enforceable until a judge has signed off on paperwork granting you a divorce that includes those settlement terms.
Until the judge has signed off on the divorce paperwork either party can back out of settlement terms and there is nothing legally enforceable that will bind either party to these terms – even if it is reduced to writing early on in the divorce process.
While a majority of divorces end in a wife and husband agreeing on their own to settlement terms, those terms are not binding on either party until you run your settlement agreement through a court.
At that time, a judge will give an official judgment and your agreement and the terms contained therein would then be legally binding on both parties.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Jordan A. Rapoff, contact Cordell & Cordell.
