Ex signed agreements in 2010 - still valid?


#1

My Ex signed and had notorized the consent order (custody) and the Separation Agreement (property settlement and alimony) in April 2010. I He says he sent the signed originals to my attorney but my attorney never received them and I had no idea they were ever signed. I have not signed anything. Our absolute divorce was final in August 2010.

Questions about this:
1 - Are his signatures still valid even though it has been over 18 months?
2 - These are not legally binding since I never signed them, right?
3 - The Separation Agreement states that I would buy out his equity of the marital home at a certain amount, however the home was sold last December. If I did sign this agreement, would I still owe him for the amount stated even though we both signed the necessary papers to sell the house?
4 - Does his signature in any way imply an outstanding claim for ED or alimony?
5 - Am I okay to sign and have notorized the consent order to finalize the custody piece without signing the separation agreement?

Thanks!


#2
  1. No. You must separate contemporaneously with the execution of the Agreement. Generally, that must be within thirty days of the execution of the Agreement. The agreement will not be valid if challenged later in court.

  2. Right, and also because of the timing.

  3. The SA is not valid.

  4. See above answer.

  5. Yes, you could do a Consent Order without doing the SA, however, his signature will not be valid. You will need to re-do the CO if you wish to use it. A judge will need to approve a CO, and you will need contemporaneous, notarized signatures from both of you for a judge to sign off on it.