QUESTION

Can a property settlement agreement be amended if both parties agree

Asked on Feb 05th, 2016 on Divorce - Pennsylvania
More details to this question:
My ex-husband and I went through a no fault divorce without lawyers and drafted our own property settlement. The wording as I now understand for my distribution of marital property was listed incorrectly as alimony which it indeed is not alimony. If we both agree, can this be amended
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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Nearly all agreements contain a standard clause that the agreement may only be modified by another written agreement of the parties. Even without such language, all agreements can certainly be modified by written agreement, as that is the very nature of agreements. However, the court should have incorporated your agreement thereby making it also a court order.  To achieve the same effect with the modification, I strongly suggest the agreement be framed as a stipulation with court approval.   If you live in the Delaware Valley, I am more than happy to advise you on this, or you should seek the advice of local counsel.
Answered on Feb 07th, 2016 at 9:06 AM

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