Can a conditional divorce settlement money be ordered to return after release by both attorneys?

Asked over 1 year ago - Malvern, PA

Condition for release of settlement money: Wife to close all court cases filed by her in native country.
Wife went to native country and found no cases were filed by her and no open cases. Only police report filed by her was withdrawn. However, there is a criminal case pending against him filed by the State, based on the police report and further investigations. Wife has no power to close this case as it is state case - not filed by her.
Attorneys then released the settlement money to her that was held in trust fund.
Ex-Husband sued to have money returned because "cases have to be closed" condition was not fulfilled therefore money should not be released..
My questions:
1. Can the money be ordered to be returned to ex-husband ?
(The money was already released to her and is already spent)

Attorney answers (1)

  1. Levi Samuel Wolf


    Contributor Level 13

    Answered . I suspect that we would need a lot more information before we would be able to answer this question. You should go back to the attorney who represented you to ask this, because that person will be in the best position to interpret what was drafted. Obviously, however, that person felt that the conditions were appropriate for the money to be released. If you are looking for a new attorney to overturn that, you should schedule a consultation.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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