What To Do If Your Spouse Won’t Sign the Divorce Settlement Agreement Agreed on in Court?
Very often California divorces end with an agreement between the parties. Sometimes those agreements are reached in court. Are the agreements enforceable? Yes, they are. What if my ex won’t sign the written agreement after the court hearing? You can still get your judgment. Here’s how:
Question: How can I ask the court to enter judgement? My ex spouse is not signing our written marital settlement agreement that we agreed to in open court during our Mandatory Settlement Conference with a judge. Do I submit the judgement packet without her signature with a declaration explaining the situation? Or, should I file a motion to get the matter in front of a judge to enforce the agreement and enter judgement.
Answer: After the mandatory Settlement Conference did the judge take the bench and read out the agreement for the record? If yes, then review California Code of Civil Procedure §664.6. When the parties stipulate, in the presence of the court or orally before the court, for settlement of the case, the court, upon motion, may enter judgment pursuant to the terms of the settlement. Meaning you can file a motion (aka Request for Orders) requesting that judgment be entered in accordance with the terms of your settlement agreement which you say in your question was agreed to in open court.