Q: If Marital Agreement Is Signed By Wife Can She Change Terms on Day Of Court
If the wife agreed and signed to the Marriage Settlement Agreement written up by our lawyer on the day of court can she go and want to change the terms of it?
A:
You have not provided enough facts to allow for a definitive answer. How long ago was the Judgment entered? Can she establish that she didn't understand the deal, or was unduly influenced into signing? There are several factors that come into play, and you haven't even mentioned them.
You say "our lawyer". One lawyer cannot ethically represent both sides of a case. This, in and of itself, and depending on the circumstances, could give her a good argument for trying to set the Agreement aside.
Lawyers who work with both parties in a divorce run the risk of this sort of thing happening.
A: Yes. An agreement is not really "final" until the judge approves of the agreement and signs it. Even if the parties agree on "everything," the judge has the authority to not enter the agreement in rare cases. Without knowing more, it is hard to tell. You should each have separate lawyers. Not sure if you meant to say "our lawyer" but that was a big red flag to me. If you used the same lawyer, I suggest that you find a new lawyer and start over.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
