Is a marital settlement agreement still binding after reconciliation and dismissal? 5 Answers as of March 07, 2011

Is a Marital Settlement Agreement still binding if the parties reconciled and then dismissed the entire case with the court?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
There should be a clause in the MSA regarding this issue.
Answer Applies to: California
Replied: 3/7/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If your family law matter was dismissed, then the Marital Settlement Agreement goes with it. Just reconciling does not dismiss a Judgment of Divorce, however.
Answer Applies to: California
Replied: 3/6/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
If the Marital Settlement Agreement was turned into a Judgment, then the agreement stands. If it is ONLY AN AGREEMENT, and not a Judgment, then the facts turn on contract law. A contract may usually be modified, and that modification can take place by actions. When parties want to vacate an agreement, it should be done in writing.
Answer Applies to: California
Replied: 3/4/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No - the dismissal of the underlying case ended the enforceability of the Marital Settlement Agreement. Whereas Code of Civil Procedure Section 664.6 provides in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties... for settlement of the case, the court, upon motion, may enter judgment pursuant to the terms of the settlement. In your situation, the case no longer exists, so judgment cannot be entered in that case, and since the old Marital Settlement Agreement was not entered during a subsequent pending case, it is not enforceable in that subsequent case.
Answer Applies to: California
Replied: 3/4/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If the MSA was an agreement filed in the case, and the entire case is dismissed then it would appear that there is no pending action to make the MSA valid. However, there might be an argument that it can still be a Post Marital Agreement and a binding contract between the parties.
Answer Applies to: California
Replied: 3/4/2011
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