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?Ask a similar question
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.
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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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