QUESTION

Sent my husband a draft settlement agreement (via email) but he lied about his assets. I want to change the draft settlement before court. how ?

Asked on Sep 18th, 2018 on Family Law - Florida
More details to this question:
I sent a pencil filled draft agreement to my spouse (he abandoned the marriage but considers "cheaper to keep her") and now realized he lied about his assets and want to change property provisions. He says he wants to notarize (abroad where he resides now) and send court. Can I still change it and how to go about it?
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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I'm sorry you're having this problem with your husband in the middle of this divorce case. I assume that you and perhaps your usband are representing yourselves in this case. If you did not sign the 'pencil-filled draft agreement' you sent to your husband, it is of no effect. He can notarize his signature and send it to court but without you signing it as ell, the judge will not accept it as a final settlement. If there are suspected hidden assets or you have property issues of significance (real property, the marital home, pensions, overseas accounts, etc.), you really need some legal advice from a competent family law attorney. You should see from this experience that divorce is not alwasys simple and easy to handle by yourself. A good lawyer will know how to send discovery (i.e., formal requests for documents) to your husbnd to get a omplete financial picture Only then should a settlement agreement be prepared for consideration by both partieis. If it still won't sette, you can try court-ordered mediation to settle your case. Good luck!
Answered on Sep 19th, 2018 at 12:04 PM

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