Legal Question in Family Law in South Carolina

Is a notarized financial seperation agreement a legal and binding contract in an uncontested divorce.


Asked on 9/19/10, 7:52 am

2 Answers from Attorneys

John Jackson Law Office of John A. Jackson, P.C.

If it was made part of the temporary or final order then it is a judicial order which is better than a binding contract. Also if there is some issue that the two parties do not agree on then it is not an uncontested divorce.

If the agreement was not made part of the contract you could try to sue in civil court but my opinion is that you will not get anywhere. Good luck.

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Answered on 9/24/10, 8:27 am
Ben Stevens The Stevens Firm, P.A. Family Law Center

Separation agreements are not necessarily "final and binding" until and unless they are approved by the Family Court and incorporated into a Court Order.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 9/24/10, 11:44 am


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