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When does marital settlement become binding?

Customer Question
When does marital settlement become binding?
Submitted: 10 months ago.Category: Family Law
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Answered in 5 minutes by:
9/30/2017
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,379
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. A marital settlement agreement only becomes binding when it is approved by the court. I know this is a short answer to your question so please let me know if you have any other questions and I would sincerely ***** ***** five-star rating for today:-)

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Customer reply replied 10 months ago
seems incongruent with logic but if this is your answer then so be it......
Customer reply replied 10 months ago
no 5 star rating
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

I understand. Help me understand why it seems incongruent.

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Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

So, let me explain a bit further. A marital settlement agreement can be entered into by the parties on their own doing. However, the agreement does not become binding until a judge approves it. The reason is because there could be a number of issues that would keep the marital settlement agreement from being effective. For instance, I had a client who had been legally separated when she entered into a marital settlement agreement to get divorced. The judge found out that all of the property they were trying to separate had already been decided upon at the legal separation phase, therefore the settlement agreement become ineffective and couldn't become binding. It wasn't until they were able to figure out what property was eligible for division that they could resubmit the MSA to the court and have it approved.

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Customer reply replied 10 months ago
I think I need a contract attorney. This seems over your head.
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

Understood. Let me opt out of the question and let another attorney take over. please do not rate as the moderators will close the question and you won't get it answered. One moment...

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Customer reply replied 10 months ago
where is my contract lawyer?
Family Lawyer: Olivia Kent, Family Law Attorney replied 10 months ago
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,700
Experience: Partner at Kent Law Group, LLC
Verified

Hello. My name is ***** ***** I'll be happy to help you if you're looking for information. What can I answer for you?

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Customer reply replied 10 months ago
The opposing lawyer made a settlement offer. My lawyer agreed to the exact terms of the offer. The opposing lawyer then reneged on her previous offer. Where is the attorney code of ethics?
Family Lawyer: Olivia Kent, Family Law Attorney replied 10 months ago

This wouldnt be about the attorney code of ethics. The attorney has no control over whether their client backs out before the agreement is signed. Does that make sense?

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