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Can a properly executed pretrial agreement of divorcing parties that divides marital property later be subject to judicial modification? I was reading in the Massachusetts appeal Cooper v. Cooper (2004) that the "parties' agreement incorporated into the final (divorce) judgment do not survive the judgment..." I thought the parties' property distribution agreement was treated in future proceedings with the deference given a binding legal contract by both parties. It sounds like this may not be the case, that (Cooper v. Cooper), a judge later considering a post-trial modification order merely needs to "consider the 'wishes' of the parties in their agreement at time of divorce"... So, is the asset division agreement of both parties at time of divorce subject to future judicial redistribution?
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