[nycdivorcee]

I am filing for divorce from my husband of almost 8 years (separated for 1 years). We have agreed upon the division of assets, court ordered child support, visitation( every other weekend with discussed holidays, birthdays etc.) and custody (joint custody with me being the custodial parent) with a signed and notorized divorce settlement agreement. He was eager to sign, but now since his girlfriend left him may want to contest the agreement. We do not get along, have no monies for a divorce battle and I plan to file in the next few days... will a judge change anything in the agreement if my husband wanted to prolong the divorce and cause problems? Or is the standing agreement enforceable.

[talaniman]

I personally would file and find out. If he wants to balk, then he can cry to a judge why he signed an made an agreement. Its up to a judge to finalize it, so don't worry about what he might do or not. Just file.

[ScottGem]

I agree with Tal. However, until the agreement has been ratified by a court either party may be able to rescind it. It will probably be up to the judge's discretion as to whether to hold him to the agreement.

[cdad]

An agreement is just that. It carries no force of law and that it has a notary stamp on it only means that it was witnessed. It holds no other powers. The only thing in your favor is that it does show that at some point an agreement was made. But as Scott said it isnt binding until the courts approve it.