Long Beach, CA asked in Divorce for Virginia

Q: Is our notarized marital agreement still valid even if my husband crossed out his signature after completing it?

Hello. I would like to ask a question regarding marital agreement. Me and my soon-to-be ex-husband had signed on a marital agreement that I created this summer. We both notarized our signatures. He was going to file the agreement to the court with the divorce paper. However he crossed out his signature and wrote he was going to create a new document and said that the document was not in the right form. My question is, is the agreement still valid since it has our notarized signatures? The agreement was complete before he crossed out his signature.

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2 Lawyer Answers

Wayne E. Holcomb

  • Yorktown/Newport News, VA
  • Licensed in Virginia

A: Well, from what I hear you saying, it's probably too late for him to "undo" this Agreement in that manner. It's a contract. Once it is signed and notarized by a competent adult who is not under duress, in Virginia, the deal is usually done. From what you have said, most likely, the courts would not interfere in my opinion. There are other, more difficult defenses to the formation of a contract, but almost always, these contracts hold up in court after the fact. It being in the wrong format, does not sound like a good reason to rescind it or to invalidate it, but there might be more to that story; I am not sure of what he is saying specifically. It sounds like he is rethinking "the deal" and wants to start over--it probably won't work--unless you are in agreement with that plan. Please have Counsel look into your situation as soon as possible--there is usually a lot at stake in this type of matter. Our best to you!

Thomas H. Roberts Esq agrees with this answer

1 user found this answer helpful

Thomas H. Roberts Esq

  • Richmond, VA
  • Licensed in Virginia

A: If he signed before a notary but never delivered the proposed agreement to you then the acceptance of the offer may not be complete. Not "signed, sealed and delivered.". Otherwise, if there was a meeting of the minds supported by consideration then you probably have an enforceable agreement as Wayne E Holcomb, Esq stated, the "form" is not important. A contract may be written on toilet paper for that matter.

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