Saturday, September 8, 2012

Is this agreement legal?

Question by Zik43: Is this agreement legal? HELP! I think I messed up BAD. MY wife and I separated in Feb. 2010. 2 months later I went to see her attorney hoping he would give me a fair shake. I agreed to pay her $ 600 a month for 4 years and a few other things, thinking this was a DIVORCE settlement. He told me he would file the next day. Six months later I find out he never filed. I reported him to the Pa judiciary commission. She took me to domestic because I assume she was afraid our contract was not valid. I agreed again to pay her $ 600 a month, figuring if I ever lost my job, they have the ability to lower it accordingly. 2 months later I got laid off and they did lower it to $ 300 a month. She appealed the decision to court. The judge dismissed all domestic relations rulings and binded me to our first agreement. I signed that thinking this was a divorce settlement! No divorce was ever filed! I live in Texas for 3 months now. Her attorney tells me I am bound to that contract.. I signed thinking it was a divorce settlement. Since he never filed, how can it be legal? Can it be considered a post-nuptial agreement? Can a post nuptial agreement be entered into AFTER you separate? Im trying to finally file for a divoce, but they are telling me I am bound to that stupid agreement I signed. Any insight or help? PS. The agreement I signed does state we have the right to seek counsel for a divorce. Apparently I did NOT read it or was it explained to me what I was signing. He told the judiciary committee it was a separation agreement. Then why would I be bound to a separation agreement AFTER I am divorced? Am I screwed because I did not seek counsel and trusted this guy? PSS. We have NO kids. I gave her the house and everything in it, and ALLOT more. She had(s) a terrible drug habit which I tried hard for 6 years to get her help. I finally could not take anymore. PSSS. I called her attorney SEVERAL times during the 6 months following the signing. Every time he told me I had nothing else to do but wait, that the divorce was filed. My wife made a comment in his office, "why cant I stay married for as long as I can to stay on his health insurance". I think this is what they did. Am I bound to this contract when he led me to believe it was a divorce settlement? I didnt read the stupid thing=my fault? Best answer:

Answer by Sharon N
you cannot be bound to a contract which is unconscionable....go research some case law on contracts and what is considered unconscionable. and yes, it's your fault for not reading the contract. ignorance to the law isn't a defense.

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