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?
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.
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. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.