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  1. #1
    Join Date
    Sep 2016
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    Default Is a Property Settlement Enforceable if Not Signed by a Judge

    If you are getting divorced and have negotiated a property settlement with your spouse, is it possible to make the property settlement binding and enforceable even before you go to court, or is it necessary to have a judge approve the settlement before it can be enforced against your ex, in California?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is a Property Settlement Enforceable if Not Signed by a Judge

    A property settlement is enforceable as a contract. While it is possible that a court would overrule the property settlement, finding that it was inequitable, coerced, or otherwise not legally enforceable, courts normally will enforce property settlements.

    (Child support and child custody are separate issues, and a private agreement can be overruled by the court based on the child's best interest.)

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