Family law settlement agreements can be cause for celebration. Sometimes however, it can be just the opposite.
One spouse signs a family law settlement agreement that becomes a court order and then changes his or her mind. This scenario is not as uncommon as you may think.
In family law, a lot of different instances can leave a husband or wife to make such a claim. Most of these cases involve buyer’s remorse – the spouse who signed the settlement agreement (whether it is a temporary child custody agreement, one that involves child support or is a full marital settlement agreement that resolves all of the issues) changed his or her mind or now feels, in hindsight, the agreement was not a fair one. Such claims typically fall on deaf ears.
Family Code 2123 states that a judgment may not be set aside simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the division of assets or liabilities to become inequitable, or the support to become inadequate.
While there are some legally proper grounds to set aside a family law settlement agreement and judgment, this article will focus on a few things that everyone can do to ensure they understand the agreement that they’re signing is consistent with their best interests, and, in the case of child custody and visitation stipulations, consistent with the children’s best interest. This article will provide you with some tips, some of which are common sense on how to ensure that any agreement you sign in or out of the courthouse is not one you will regret later. [Read more…]