Separation Agreement: Breach of Contract?

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Question:

My husband had a separation agreement drawn up, we tweaked it until we both agreed what was in it, my question is this... I have done everything that was spelled out in the agreement he has done nothing, our divorce should become final in July, what if he never does what is stated in the agreement can he still file for divorce, shouldn't he be in breach of contract? -- Stacey

Answer:

Stacey: He is in breach of the contract now, and you can ask the divorce judge to give you a judgment, but you may have to sue in civil court to enforce the contract. If the agreement is incorporated in your divorce order, he will also be in violation of a court order, and you can also ask the court to hold him in contempt.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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