Is a mediated divorce agreement legal before it is filed with the family court?

Question:

Is a mediated divorce agreement legal before it is filed with the family court?

My husband and I retained a mediator to sort out our divorce. I found the whole process very ineffective as the mediator always took the path of least resistance. The final agreement was unfair and incomplete. Unfortunately I signed the agreement and my intention is to hire an attorney to finalize the divorce. I have since found out that he failed to submit any paperwork to the mediator regarding his salary or the business which we part own..

Answer:

In general separation agreements are enforceable in a dissolution of marriage case. However if you can convince the Court that the division of property is unfair then the agreement is not binding on the Court. With respect to spousal maintenace the Court can likewise ignore the agreement if it finds that it is unfair. The business is a community asset, the division of which may be unfair on it’s face depending upon the terms of the separation agreement. You should immediately seek the advice of an attorney. Do not forget to bring a copy of the separation agreement when you see the lawyer. Many attorneys will give a free consultation. You have a very important and somewhat complicated issue which will need attention immediately.

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

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