Last Updated on October 2024
If a couple can reach agreements regarding their divorce-related matters out of court, they qualify for an uncontested divorce. In such a case, they are supposed to record the agreed-upon terms in an official written agreement to present it to the court.
In New York State, such a document is also known as Stipulation of Settlement. It must be written, signed by both parties, properly notarized, and filed with the court during the case proceedings. The judge reviews the document, approves it if it meets the requirements and does not violate the current legislature, signs it, and enforces relevant official orders.
There is no uniform official Stipulation of Settlement form, so it can differ across the state and may be quite challenging to find online or elsewhere. While some courts may provide a form they conventionally use for such cases, in some counties, you may be free to draft it on your own.
Here are some of the New York divorce settlement examples:
Stipulation of Settlement and Order of Dismissal
What Is a Divorce Settlement Agreement in New York?
A New York divorce settlement agreement is a written contract that verifies the couple’s decision to terminate their marriage and outlines the terms of all the related matters they have agreed upon.
Normally, in an uncontested no-fault divorce, spouses can negotiate and resolve the disputes and reach agreements on their own without the need to involve attorneys or go to court for a trial. In such a case, they must draft an agreement to record their out-of-court divorce settlements concerning child custody and support, alimony, property and debt division, etc.
In fact, a marital settlement agreement is required in any uncontested divorce case if the grounds are an irretrievably broken marriage or voluntary separation. Also known as Stipulation of Settlement, this document makes the divorce process faster, simpler, and less stressful since all the disputes are resolved, and there is no need for lengthy court hearings, trials, or even attorney’s involvement. You just need to file this agreement with the court so that the judge can review it and make it a part of your final divorce decree.
What Terms Are Included in Marital Settlement Agreement?
A marital separation agreement in New York should outline both spouses’ rights, duties, and obligations concerning all the issues related to their marriage dissolution case. The terms that must be specified include but are not limited to:
- Child custody;
- Visitation rights;
- Child support;
- Spousal support;
- Marital and separate property division;
- Marital home disposition;
- Settlement agreement on real estate;
- Health insurance;
- Pension plans and other retirement arrangements;
- Debts allocation;
- Taxes.
What if My Ex Violates the Terms of Our Divorce Agreement?
If either party violates the terms outlined in the agreement, they may be subject to sanctions depending on the term they violate, their conduct, and accompanying circumstances.
Sometimes, ex-spouses may fail to comply with the orders, mostly concerning divorce financial agreements, due to various reasons. In such a case, they must ask the court for assistance by filing a Motion or an Order to Show Cause. This document is used to schedule the date of a hearing at which the parties may explain the problem, ask for changes in a settlement, or request a judgment against the other party, and the judge decides what to do.
If you feel that you cannot follow some agreement, you may file the Order to Show Cause to ask the court for modifications like changing the dates or amounts of payments, extending the deadlines, etc. You must explain your circumstances, show a good reason for these amendments, and provide proof for the judge to agree and approve them.
If your ex violates the terms unintentionally or deliberately without asking the court for amendments due to their changed circumstances, you may also file an Order to Show Cause and ask the court to make them do what they are supposed to do as per your marital settlement agreement. If the judge finds the other party guilty of intentional breaching of the terms, they will impose penalties in the form of fines, jail time, or any other enforcement action, which depends on the gravity of their violation.
Can I Challenge a Divorce Settlement Agreement?
Divorce settlements in NY can only be challenged under limited circumstances, specifically if fraud or a mutual mistake has been detected.
Generally, if the court approves a marital settlement agreement, its terms are incorporated into the final judgment. As soon as the judge signs the final decree, the divorce is finalized, and neither party can challenge it. Therefore, the contract is valid and enforceable if everything is done properly and it complies with the current legislature.
However, if fraud or mistake has been discovered afterward, either party can challenge the validity of a marital settlement agreement incorporated into the final judgment.
Fraud
At some stage of a divorce process in New York State, spouses must provide a financial disclosure by filing a Sworn Statement of Net Worth with the court. If either party tries to conceal some part of their property or assets or lies about their nature, amount, or value, the court may refuse to approve and enforce the divorce settlement agreement. If such a deed by either spouse is accidentally revealed after the final judgment has been signed, the other party can challenge the divorce.
Mutual Mistake
Sometimes, spouses may accidentally omit some assets or property in the settlement agreement and be sure that they have signed and filed a flawless final document with the court. If the judge notices that something is missing, they may refuse to enforce the contract. In such a case, both spouses can amend, sign, and notarize the agreement, thus correcting such an unintentional error. If this mistake has surfaced after the final judgment was enforced, ex-spouses can challenge it.
Fraud or mistake may be difficult to prove in court. Yet, these are the only legal reasons for challenging the final divorce judgment that contains marital settlement agreement terms.
Rafael Hebert is an experienced writer specializing in such topics as infidelity in marriage and divorce. His works can be seen on popular blogs like Marriage.com and Divorce Magazine. Having background in relationship counseling, Rafael is dedicated to helping individuals with emotional issues surrounding infidelity and educating them on their divorce options. In his free time, Rafael enjoys watching documentaries and visiting film festivals in different states.
