Most divorce agreements in California end in the court`s seizure of an order that embodies the terms of the transaction agreement and transforms the consent of the parties into a legitimate court judgment. A question often asked by the parties to a divorce agreement is what happens if the other party violates the agreement. The answer depends on the nature of the order seized by the court. If your case is settled, your lawyer will prepare a Comparative Marriage Contract (MSA) or a predetermined judgment containing all the terms of your transaction. Divorce agreements can be quite simple. They can cover child support, home visits and payment of marital debts, or cover everything from the right to first refusal to custody of the family pet. That is why I stress the importance of entering the divorce process with as little marital debt as possible. Your best bet is to protect yourself before someone gets the opportunity to ruin your creditworthiness, or before you are forced to take steps to get a divorce contract. In particular, Cal sees. Civil Procedure Code 664.6, if an agreement is written and signed or read in the minutes, each party (i.e. the mother, father, wife or husband) can file an application in the family court and incorporate the terms of that agreement into a judgment. In these circumstances, too, the deadline for judgment will be enforceable by the family court. Because of the importance of a marital transaction contract or a particular judgment, it is extremely important that you hire a lawyer (even to a limited extent) to design or at least review your proposed agreement.
There are certain terms that should be used, that are essential to your future, and there may be some provisions that you do not understand in your agreement that could be extremely damaging to you. Just as if you are helping children or spouses, if your ex refuses or interferes with the visit with your children, you must hire a divorce lawyer and file an application for non-compliance with the divorce agreement. In other words, if someone decides to oppose the court-ordered agreement, the agreement means little or nothing.