About our separation agreement.

Asked about 1 year ago - 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.

Additional information

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. Erin Patricia Farley

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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. John Noah Kitta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more
  3. Edna Carroll Straus

    Contributor Level 18

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,935 answers this week

2,811 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,935 answers this week

2,811 attorneys answering