Legal Question in Family Law in California
Marriage Settlement Agreement
My husband and I went to a Notary and signed an agreement stating our divorce and how we are in agreement of our seperation and how we are going to handle our visitation and child support and our assest, but know he wants to go to court and change things. Can he do that?
1 Answer from Attorneys
Re: Marriage Settlement Agreement
Yes he can. Even "final" custody and child support orders are open to judical review and change as circumstances change. But it sounds like you do not have any court orders, just a notarized agreement between the two of you. So, your husband will not even have to show a change of circumstances. (That said, your agreement may or may not be useful as a baseline. If you were not represented when you worte it, however, it is easy to disregard). The part of the agreement about assets may be enforeceable as a contract. Maybe that would be good for you maybe not. With children and assets involves it is always a good idea to retain an attorney in order to get legal advice about your choices and how to make them stick.