Q: My husband and I are filing for a dissolution and I was wondering how much say the court has on the terms already made
We have a very civil relationship and would hate for the court to ruin that by forcing action we don't want.
A: Typically not much especially if you are both represented by counsel. So long as the agreement appears fair on its face and it doesn't appear that there was any undue influence, the Court should approve it.
Congrats on wanting to maintain that civil relationship!
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A: The Courts usually defer to the parties as long as there as been full disclosure and the agreement appears fair on its face. The Court, however, will not approve agreements that contain provisions that are contrary to law. If both side are represented by an attorney, the Court will generally presume that the parties have received advice about the terms of the agreement and will approve the agreement even if it different than what the Court would likely have ordered. If one side is not represented and the agreement appears grossly unfair, the Court will generally direct the unrepresented party to seek legal counsel.
Please remember that in a dissolution the attorney, not matter how congenial, is representing only one party.
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