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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37840
Experience:  Retired (mostly)
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I would like An opinion on the following wording in a

Customer Question

I would like An opinion on the following wording in a Stipulation of Divorce document issued in Utah. Have been informed by Fed Govt document is valid for divorce, is that true? Daughter married US citizen Brisbane Aus, moved to US and returned to Aus separated Nov 13 Nov 2013. Issued document doc 15 March 16 US DATE with 7 days to respond. Private details are daughter left with 2 suitcases and engagement ring ( which) will be important I believe in relation to my question. Should also no abuse no violence involved in separation.
Wording of concern reads " 15. prior to and during the course of the parties' marriage, the parties acquired various personal property, such as furniture, electronics, household goods, recreational equipment, artwork, jewellery, and other items. Although most of the assets have already been divided between the parties, the parties agree that any remaining personal property should be equitably divided by the parties."
Does the wording have the intent that the husband can make a claim if she signs this stipulation? Final clause of document states that if either party fails to meet their obligations under this decree, an aggrieved party has rights for damages.
Recapping, re Clause 15 is there an opportunity for claim after signing this said document? An opinion on the validity this Stipulation of Divorce document. You may direct me to steel international law guidance, I have tried and have accessing timetables difficult. I just seek an opinion on Clause 15.
Submitted: 7 months ago.
Category: Family Law
Expert:  socrateaser replied 7 months ago.


The language is what is known as "precatory" (wishful). There is no actual division of the property, because the terms, "equitably divided," suggest a fair division, without actually dividing the property. Consequently, as the stipulation doesn't divide the parties property, the stipulation language is invalid and unenforceable. The parties would have to ask a court to divide the property in a definite and certain manner, unless the parties were to amend the agreement to provide for that definite and certain division.

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