Legal Question in Family Law in California
Post-nuptial agreement'
Years ago my spouse filed for divorce. The financial ramifications were large, so we mutually agreed to simply remain married, but live apart. Her lawer drafted the agreement & it stipulated that we would ONLY divorce if either of us later became engaged. I have since been notified we're divorced from a default judgment! I recv'd NO notice & the written agreement her lawyer wrote was not presented to the court. Can I have the divorce decree dismissed? We HAVE a binding contract, prepared by her lawyer. Nothing has changed; would not the contract still be controlling? Neither of us is engaged & there are no issues in dispute. Thank You.
1 Answer from Attorneys
Re: Post-nuptial agreement'
Sounds like someone might have pulled a fast one. You need to get a consultation on this.