Will a separation agreement that is notarized hold up in court?

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Will a separation agreement that is notarized hold up in court?

Asked on June 29, 2011 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two kinds of separation in terms of marriage and divorce. One is a legal separation. This is issued by a court and the court can often use any evidence to show separation or order separation, including this agreement. There is informal separation; one that doesn't require a court order. This is important because it usually sets the date for when your monies earned and debts created are considered separate property. It is usually when the individuals are living separate and apart with no possibility of reconciliation. A separation agreement will help prove that but you need to ensure that if the separation occurred prior to the date of the agreement, that you specifically indicate it in the separation agreement.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Hummm.  I think that what you are asking is if you and your spouse agree to certain issues and you set them down in writing and have the document notarized are you going to be able to hold him or her to it if the matter goes to court.  That really depends on many, many things.  If your spouse claims that the agreement was based upon fraud - that you failed to disclose certain information - or undue influence - you threatened him or her to take the kids if he/she did not sign - or based upon any other reason that would give rise to setting is aside, then it is a possibility that it will not be sustained by a Judge.  You take a chance in doing it alone.  I would seek legal help.  Good luck to you.


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