Question:

My wife and I are going through a divorce, though we have been able to keep things very amicable so far.

If both parties make an agreement outside of court and sign off on it, will it hold up in a court of law?

Answer:

In my state, parties can definitely agree and sign an agreement outside of the court, and it will be upheld in court provided that a few basic provisions are met.

First, both parties must sign the agreement, preferably in front of a notary and/or in front of witnesses, who should also sign it.

The parties must also acknowledge they are entering into the agreement knowingly, intelligently and voluntarily, and that neither party was threatened, coerced, promised anything, etc., into entering the agreement.

Further, if the agreement deals with the division of marital property, the parties must acknowledge that they made full and fair disclosure to the other party regarding the marital estate.

Finally, a basic tenant of contract law is that if there is any ambiguity in a contract that the ambiguity should be construed against the drafter of the contract. As such, I would recommend that any agreement state that it was prepared jointly by the parties.

You may also wish to have an attorney look over the agreement to ensure there are no mistakes and that it is drafted properly and fairly, as it is much easier to get it right the first time than try to modify the settlement after the fact.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Caroline Thompson, contact Cordell & Cordell.