My attny says that once we complete the Sep Agreement, the terms can’t be changed. Does that mean that I get an uncontested divorce and wife can’t come back at me for more money?? And does it have to explicitly say that in the sep agreement, or is automatically implied and enforceable?
For the most part this is true. A signed, notarized agreement is a legal binding agreement between the two parties and is enforceable. It may not be a bad idea that the agreement state that all properties, financial and other issues are resolved with the agreement and that hereafter the two parties are considered separate entities with no responsibility or obligation towards the other. But that is not entirely necessary since that is essentially what the separation agreement is for. If your stbx does attempt to take it to court to change the terms, you can request that your attorney’s fee paid by the stbx since the agreement should have kept it out of court.
That is correct so long as there are proper waivers included in the agreement (waiver of alimony and waiver of equitable distribution, except as to what the agreement provides for).
I have a waiver of equitabel distribution…and an acceptance of terms section. Sound good to keep stbx from coming back? I know…the proof is in the details…but general advise is welcome!
A waiver of ED will prevent your ex from perusing a claim in the court system for property distribution.