QUESTION

Modification to Property Settlement Agreement

Asked on Oct 14th, 2021 on Divorce - Pennsylvania
More details to this question:
I recently found out that me ex-spouse only disclosed one of three divisions of his pension account he has with the same employer. Unfortunately, since I was unaware of this at the time that our PSA was executed, I have been denied an award for 2/3 of the holdings -- as my divorce attorney who wrote the documents failed to check on this.
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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All property settlement agreements contain a clause reflecting that each party made a full disclosure of their assets.  If your ex spouse failed to disclose assets, that is a basis to revoke the agreement which may occur following a Petition for Special Relief.  While your attorney should take reasonable steps to determine the marital estate, he certainly would not be responsible for fraud committed by the other party. I trust this answers your questions, but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com
Answered on Oct 18th, 2021 at 10:43 AM

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