Legal Question in Family Law in California
MSA effective date
My husband and I have agreed on a cash settlement payable to me. What is the normal succession of events in a case like this?
Should the MSA be binding on both of us before it is filed with the judgement or is it binding only when approved by the judge? Will the divorce become final before the cash is transferred to me? For now the wording of the MSA is that it will become effective on the date it is approved by the court in the pending dissolution proceeding, or on the date a final judgment is entered. What if a final judgment is entered and the money is never transferred to me? What would be my recourse? Is there a way to word the MSA that would make the divorce final only after all property has been settled according to the terms of the agreement? For now, my husband is "working on getting the money", but would like the judgment filed immediately, so that we can be happily divorced sometime in November. So far he has filed a petition and I have filed a response.
Thank you for any help you might be able to give me on that subject.
1 Answer from Attorneys
Re: MSA effective date
You should be represented by an attorney in entering into a marital settlement agreement. In regard to the payment of the money. I usually include a statement that the family court retain jurisdiction to supervise and enforce the terms of the settlement agreement. Without language of this nature, the court looses jurisdiction to enforce the agreement when the judgment is entered. You would then have to sue in superior cour as you would to enforce any contract.
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