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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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I was married in Massachusetts 9 years ago. Moved to California

Customer Question

I was married in Massachusetts 9 years ago. Moved to California 4 years ago. Husband asked for a divorce. He is moving to NYC. We made an agreement regarding how to split the finances and assets via email. Is this email agreement enforceable? What about Statute of Frauds?
Submitted: 5 years ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 5 years ago.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

any proposed agreement made for the purposes of settling a law suit are not admissible in court. You will need to both sign a written agreement and submit it with the divorce petition to have the court incorporate the terms of the agreement in the final divorce decree. I hope this helps clarify.

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Customer: replied 5 years ago.
Relist: Answer quality.
Resubmit to different attorney. Answer did not address question and what it did state I believe is totally wrong.

I was married in Massachusetts 9 years ago. Moved to California 4 years ago. Husband asked for a divorce. He is moving to NYC. We made an agreement regarding how to split the finances and assets via email. Is this email agreement enforceable? What about Statute of Frauds?
Expert:  John Domestic replied 5 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

I understand that you want an additional opinion on your question. The prior expert is correct. I will try and further explain the problem with your email agreement.

California law would apply here if your separation took place in California.

California property settlements, in the form of settlement agreements, are written contracts outlining the terms of property division, general rights, and other decisions associated with the dissolution of the marriage. California family law as it relates to divorce does recognize the authority of a marriage settlement agreement in a divorce.

 

If the agreement was merged and incorporated in the decree, or court decision, the agreement will essentially become a court order and be enforceable by law. A couple may also request that the agreement simply be merged, but not incorporated into the decree; this would make the agreement a simple contract between the two spouses which leaves room for later modifications.

California family courts generally abide by the divisions of property outlined in the property settlement agreement. The court reviews the document in order to verify that it is a fair agreement in which neither party was forced or coerced during its creation. It is within the rights of the court to request financial affidavits in order to further verify the fairness of the terms.

 

The issue with your agreement is that it was created through email and never signed. A settlement agreement cannot be enforced at all under CCP 664.6 unless it is signed by all of the parties to the agreement. Unfortunately, the signature requirement is not met by an email exchange here.

John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience: Over 13 years of Experience in Family Law.
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