Chicago, IL asked in Divorce for Illinois

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?

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2 Lawyer Answers
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

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.

Brian W. Reidy
Brian W. Reidy
PREMIUM
Answered
  • Orland Park, IL
  • Licensed in Illinois

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.

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