Legal Question in Family Law in Pennsylvania

Re: Overturning a filed Divorce Agreement

The one fact that may lead to the agreement be declared void is that you reconciled. The fact that I do not have is how was the agreement titled. If it was titled Separation agreement than you could argue that due to the reconciliation its void. That said a through review of the document in question is in order. As it may have language that says that a reconciliation does not void the agreement. Even then there may be other flaws in the document. So without a through review of the document neither I not any other lawyer here can say with any confidence that the agreement is going to hold up or not.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Re: Overturning a filed Divorce Agreement

You asked about setting aside a marital agreement.

You have an excellent likelihood of having the agreement you described either set aside or struck. Further, your husband, and his attorney if represented, will be treated harshly by the court for trying to file such a document. I disagree with Atty. Davidson that the title has any bearing on the matter. The most significant factor is that the agreement contemplated a situation that no longer exists. When you reconciled the agreement was void and neither party can use it today.

That said, unless you immediately retain competent counsel that agreement may become binding. Speak with an attorney and follow the advice regarding what to do to reach a fair divorce settlement.

Regards,

Roger