Legal Question in Family Law in California
Is a Verbal Agreement in a separation case that is witnessed by two individuals a binding agreement in California. The two witnesses where our preacher and his wife.
Asked on 7/23/13, 12:39 pm
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
You are going to have problems with that. First of all, either spouse will probably object on the grounds of clergy penitent privilege. More importantly, verbal settlement agreements are not enforceable by way of motion pursuant to Code of Civil Procedure section 664.6, which requires the agreement to either be in writing or orally while in court on the record to be enforceable.
Answered on 7/25/13, 10:32 am
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