Pre-separation agreement UPDATE and?


#1

It is not possible to answer this question without reviewing the agreement itself. The answer depends entirely upon what the agreement says, so if your future father in law is concerned about the advice he is receiving now, he could have the document and lawsuit reviewed by another attorney for a second opinion.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi,

I realize that to fully get good advice then another lawyer needs to look over the agreement and other paperwork. However, because of the expense, my future father-in-law, wants to just wait (and worry) this thing out. If it doesn’t go in his favor, then he wants to seek other actions. I have tried to convince him that he should seek a second opinion if he doesn’t trust his lawyer, but since he just shelled out $2500 for rebuttal paperwork he doesn’t want to spend any more money that he doesn’t have.

Anyway he met with his lawyer yesterday, and the lawyer said that even though his practice has never lost a case with this type of pre-separation agreement in place, that the situation does not look good my future father in law. I just don’t understand how she can go back on her word so easily. The agreement specifically states that the only marital asset to be considered hers was the settlement money. It then goes on to specifically state that any retirement, profit sharing, pension, insurance etc. is to be considered the property of the individual, not part of the marital property and would not be divided. He is very worried that he will have to cash out his retirement money that is in the stock market early (and so under heavy penalty) because she wants half of it.

We had hoped for a very uncomplicated, unmessy divorce for my fiance and his family’s sake. However, we should have known better.

Any advice would be greatly appreciated.

Thanks so much.


#3

My guess is that she will use the drug problem to say she signed the agreement while under the influence, which could make the agreement null and void. Sort of like signing under duress.

If her attorney has not requested a court date, then all it is is a scare tactic in my opinion. Your pop might be right to just wait it out. But, since he has so much to lose, why not just spend $200 or so for a one-hour consultation with another attorney?


#4

Hi again,

So the latest advice from my future father-in-law’s attorney is to offer her another cash settlement. This time it would be filed with the court, so hopefully if she accepted the settlement, then it would be over. The lawyer said that if this case goes to court, then it could cost my FFIL a lot of money. So offer a settlement of less than that. But my question is why is his lawyer afraid that he will lose in court? The lawyer told my FFIL, when he drew up the papers that he had never lost a case with this kind of agreement in place. So why is he scared now that he could lose in court? And why didn’t he file the separation agreement properly, so that it would be concrete and she wouldn’t have a case to go to court with? She agreed to the terms and signed it in front of a notary, so how can she change her mind and ask for more now?

Thanks.


#5

Dear cdb8128:

Greetings. I wish I knew the answer to your question. You sure do need to see another attorney and get a second opinion. Thanks

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hi,

I posted a couple of weeks ago on behalf of my future father-in-law (called FFIL from here out) asking whether or not my future mother-in-law could go back on what she agreed to in the pre-separation agreement (which she signed and had notarized). Well some new developments have occurred that we wanted a 2nd opinion about.

Just to refresh your memory:
She asked for a divorce after 28 years of marriage. She had a new boyfriend and she wanted to leave the marriage to be with him. My FFIL got an attorney to draw up an agreement and recommended that she seek an attorney