Q: If an agreement between 2 parties was signed and dated, is this considered a legal and binding document?
My ex-wife and I created an agreement before divorce and it included the proceeds from the sale of a property. If this property is sold, the proceeds would be split 50/50. we both signed and dated this agreement at the time. it was also added to the divorce decree as well. would this be considered a binding document?
A: It certainly sounds so, and if it was incorporated (but not merged) into your judgment of absolute divorce then it would be enforceable by contempt proceedings under the judgment as it now has the force of a court order. Obviously, without reviewing the agreement for any other issues, no lawyer can give the definitive answer you want, but any agreement reduced to writing and signed by both parties generally meets the definition of a contract, and ts incorporation into a divorce judgment only strengthens it to the point that it will not be set aside as unconsciounable or based on lack of full understanding of its terms or import, or even based upon fraudulent inducement or concealment of material facts.
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.
