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P. Simmons
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Uncontested divorce-- if both parties agree to a marital settlement

Resolved Question:

Uncontested divorce-- if both parties agree to a marital settlement (no children-- 30 yrs of marriage)can a judge overturn or modify agreement?
Submitted: 4 years ago.
Category: Legal
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist.

Question : if both parties agree to a marital settlement (no children-- 30 yrs of marriage)can a judge overturn or modify agreement?

Answer : Yes...the court has the final say on your proposed agreement. With this power the court can approve or modify the agreement. So yes, the court has this power.

That said, in the vast majorty of cases, the court will approve a proposed settlement, particularly if there are no kids. Generally the court will only modify a settlement if it finds that it is "unfair"

For example (and I have no idea about the case your referring to...this is only an example). IF there was a case where the wife had a very large work pension that the husband would typically be entitled to a portion as well as a home with no mortgage...and if the agreement states that the husband gets nothing from the pension and no interest in the home...the court could very well say that its "not fair"...in such a case, the court would often give the parties the chance to "redo" the agreement to "make it fair"

BotXXXXX XXXXXne: the court has the power to modify or reject a proposed settlement...but can only do so for good cause.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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P. Simmons, Attorney
Category: Legal
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Experience: 16 yrs. of trial experience
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