Legal Question in Family Law in California
Notarized contracts legally binding?
In an effort to do an uncontested divorce, my husband and I wrote a contrace about the division of property, and we both signed it in front of a notary and had it notarized. Now he does not want to honor the contract. Is a written contract signed by both parties and notarized legally binding?
1 Answer from Attorneys
Re: Notarized contracts legally binding?
Maybe. It might be enforceable under contract law. It cannot be incorporated into a divorce decree unless both parties agree at the time the court orders that a judgment be entered. However, it may be argued that the agreement is a transmutation and that therefore the division therein should become part of a divorce judgment. But the fact that the agreement was entered into in contemplation of divorce means it may also be argued that the agreement was entered into under duress or undue influence and therefore should be ignored in its entirity.
You divorce is no longer uncontested.
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