Couples can agree on a the terms of their divorce at any time before the ruling of the Court. Finally reaching an agreement can bring a sigh of relief in divorce cases. On the other hand, reaching an agreement can also bring a wave of wary to some parties after they realize that the agreement will become enforceable by the court. Great care and regard should be taken when reaching an agreement in a divorce case.
But, what do you do when it is your ex that refuses to formalize the reached final agreement?
Enforcing a settlement agreement is a matter of contract law. If there is a meeting of the minds in writing then you most likely have an enforceable agreement. Most agreements are reached during mediation. A mediated agreement is almost always drawn up with the correct language to bind the parties to the agreed upon terms. If your ex has had a change of heart then you can file a Motion to Enforce with the court to request that the terms of the written agreement be made an order of the court. For your ex to successfully defeat your motion, your ex would have to have legal grounds to argue why the agreement is not legally-binding, for example:
- Lack of Capacity
- Undue Influence
Most times, parties refuse to sign the formal settlement documents for reasons other than the above legal grounds. If you have an attorney, you also have the right to request attorney fees for the expense of having to bring the Motion.
For your divorce consultation, contact Attorney Yolvondra Martin.
The Martin Law Group | 404-248-4898 | firstname.lastname@example.org