About our separation agreement.

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.

Brentwood, CA -

Attorney Answers (3)

Erin Patricia Farley

Erin Patricia Farley

Family Law Attorney - Petaluma, CA

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?

John Noah Kitta

John Noah Kitta

Child Custody Lawyer - Fremont, CA

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
Edna Carroll Straus

Edna Carroll Straus

Family Law Attorney - San Juan Capistrano, CA

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

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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