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This question pertains to an existing but unratified mediated

settlement agreement and an unsigned...
This question pertains to an existing but unratified mediated settlement agreement and an unsigned parenting plan. One party has not complied with the financial terms of the mediated settlement agreement. Their counsel wants me to agree to finalize the divorce even though their client is not paying their share as called for, and deal with the failure to pay as an enforcement issue after the divorce. The master seems to want to favor the lack of compliance as an enforcement issue rather than acknowledging the agreement indicates we never had a meeting of the minds from a contracts law basis. So, what is the appropriate course of action with an unratified settlement agreement, months of non compliance - can't get an order to file a motion to enforce against without getting the judge to sign off on the msa but it takes months to get a hearing on a motion to enforce.....
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Answered in 45 minutes by:
8/1/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,971
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Was the mediated settlement agreement signed by both parties?
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Customer reply replied 4 years ago

yes

Thank you for your response.

Once the agreement is signed by the parties it is treated as any other contractual agreement until it is ratified by the court and entered as a court order. Thus, if someone is not complying with the mediation agreement they signed, a suit for breach of contract is the remedy to enforce compliance.


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