Can one party change their mind about a signed divorce agreement?
If a divorce application is signed by both spouses agreeing on asset division and mailed to the court, and a week or two later one spouse wants to change the asset split but the other says no—can that application be modified once signed but before the judge signs?
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Until the court reviews and incorporates the agreement into the final divorce decree, either spouse may withdraw their agreement (Uniform Marriage & Divorce Act § 306 (Separation Agreement)). This means that even if both parties have signed the agreement, it is not legally binding until the judge approves and enters it as part of the final decree. Prior to that judicial approval, either spouse can change their mind or refuse to proceed with the agreed terms.
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If a divorce application is signed by both spouses agreeing on asset division and mailed to the court, and a week or two later one spouse wants to change the asset split but the other says no—can that application be modified once signed but before the judge signs?
Lexi, Chatbot
Have both spouses already signed the agreement?
Not yet. We’ll sign next week. I just want to know if she can amend or renegotiate after signing even if I don’t want to.
Lexi, Chatbot
Have there been any court hearings yet?
Bruce
Until the court reviews and incorporates the agreement into the final divorce decree, either spouse may withdraw their agreement (Uniform Marriage & Divorce Act § 306 (Separation Agreement)). This means that even if both parties have signed the agreement, it is not legally binding until the judge approves and enters it as part of the final decree. Prior to that judicial approval, either spouse can change their mind or refuse to proceed with the agreed terms.
Bruce
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