A consent judgement (consent supplemental final judgement) was produced as a result of mediation. This consent judgement modifies a final judgement of dissolution of marriage from 4 years ago. The new consent judgement was signed at the end of mediation by both ex-spouses, their attorneys and the mediator. However, the consent judgement papers have not been filed to court yet because of an error that was found in the document by one of the parties. The consent judgement has not been signed by a judge because of this. The party that found the error wants to have it corrected or back off from the consent. What happens if the papers are never filed? Is the consent judgement still legally binding for both parties? What happens if one of the parties backs off from the signed consent judgement that both parties signed but still has not been filed to court and executed by a judge yet? And how does a judge see that?
It sounds like you have an attorney so you really should discuss this with him/her. A mediated agreement is binding on the parties the minute they sign it. But, without knowing what "error" was found it would just be guessing to tell you whether the agreement could be set aside or not.
This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.
Well, I disagree with Ms. Drake. Here's why: a mediated settlement agreement has no legal effect until it is ratified by a judge and made an order of court. Four years + no order + an alleged error = problem. Make a call!
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