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About our separation agreement.

Brentwood, CA |

I was convicted and order to pay restitution in 2010.My wife and I having problems way before I committed this act, I wholeheartedly regret.During my probation our relationship really got bad. My wife insisted we separate..Kids could not handle me leaving. I did leave for about 4 months and there grades dropped significantly and were depressed.They wanted their dad to be around.So I moved back in the house my wife owns alone .I am still living in her home in a downstairs bedroom simply because of my kids.While on probation (2011) attorney she hired drew up post marital separation agreement splitting what ever we owned, cars, furniture /personal items. No money cause we banked separately. Is this agreement valid in court or did i do something wrong. We still jointly own our first home.

Her attorney drew up the agreement. I reviewed it myself cause i could not afford an attorney due to no money. The agreement was not notarized. Does that make the agreement invalid. P. S both my wife and I are satisfied with the agreement.

Attorney Answers 3


  1. Whether or not your post-marital separation agreement is valid is difficult to answer without seeing the document. Did you both have independent counsel to review it? Did you both sign and notarize? Was it entered as a judgment in court?


  2. Post nuptial agreement are valid, but it sounds as though there is no court matter as yet. However, to have a useful agreement it needs to be drafted by a professional. Separate banking does nit create separate property. ALL of the account need to be spelled out .

    This is not DIY.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.


  3. I agree with attorney Erin Farley. I would be very surprised if your Post Marital Settlement Agreement would hold up under a court’s scrutiny. It is a tricky and somewhat difficult argument to draft, and quite a number of attorneys had their attempts end in failure. Mr. Farley is correct; it would be necessary to look at status. Did each party have the agreement reviewed by an attorney? Is it fair and equitable?

    An experienced Family Law attorney will tell if you if this agreement gets over the bar or not, it is set fairly high.

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