Can my husband break our property settlement agreement?
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Can my husband break our property settlement agreement?
The agreement was drawn up by my attorney and he signed it a few days later. Our signatures were properly notarized. A final divorce decree has not been issued ye.7 weeks after signing he has changed his mind about the settlement. Will the judge let him back out the agreement now?
Asked on January 16, 2012 under Family Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Except in the most exceptional circumstances, a property settlement, like any other contract, once accepted by both parties is enforceable, and one party may not unilaterally change it or back out of it.
The exceptional circumstances that would allow a change involve fraud by the other party (e.g. if you hid material facts or lied about something important, to get him to sign); mutual mistake (both of your were wrong about the circumstances); or impossibility (the settlement involves the disposition of property, like a house or car, which was destroyed due to no fault of either party).
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