Legal Question in Family Law in California
Judge's discretion in accepting a settlement agreement
My wife and I are working on a settlement agreement in relation to our divorce petition. The agreement addresses the division of property, including our home. We are considering her paying me cash in exchange for me transferring to her my interest in the property. However, before I agree to my wife's request on this division, I want to be sure that if we both sign the agreement, that it cannot then be rejected by the judge or that my wife cannot later get out of the commitment of the signed agreement that has been submitted to the court, but not yet been approved.
I have this concern b/c I fear that the value of the property may fall before our judgement is finalized and the judge or my wife may then claim that the settlement agreement is no longer fair. Please advise. Thanks.
1 Answer from Attorneys
Re: Judge's discretion in accepting a settlement agreement
Generally the court accepts property settlement agreements. Once the agreement is signed by both parties it is inforceable. However, if the agreement is inherently unfair the court may reject it. There is not guarantee in these matters.
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