I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: Is a marital settlement agreement [MSA] still binding after reconciliation and dismissal? Is a Marital Settlement Agreement still binding if the parties reconciled and then dismissed the entire case with the court?
ANSWER: No - the dismissal of the underlying case ended the enforceability of the Marital Settement Agreement. Whereas Code of Civil Procedure Section 664.6 provides in relevant part: If parties to pending litigaiton 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.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, www.conviser.net
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