It was challenging, but you and your spouse finally agreed on how to divide your marital property. Congratulations, you have accomplished what many cannot in divorce proceedings. Let’s hope the judge in your case approves of your hard-won agreement.
Courts strongly encourage divorcing couples to work out property (and other) issues between themselves. When spouses fail in this goal, judges must step in and divide the marital property as they see fit.
4 reasons courts reject property agreements
It is safe to assume most property agreements spouses create pass muster with the judge, even if it takes a few attempts to get it right. However, there are some issues that divorce courts cannot overlook or approve.
- Unconscionability. Judges will not approve settlements with unconscionable or grossly unfair property division terms. Each party in a divorce should receive an equitable share of marital assets under Nebraska law.
- Coercion. When a judge suspects coercion played a role in a marital property agreement, they may reject the document. Coercion is rarely an issue when both spouses cooperate in reaching a settlement.
- Incapacity. Each spouse must have the capacity to understand the property agreement before they sign the document. Courts will look closely at the agreement and the spouses if they believe incapacity is an issue.
- Errors. Divorce agreements filled with typos or grammar mistakes are often rejected and sent back to the spouses for correction. Errors can easily be fixed but may disrupt the proceedings and cause costly delays.
Legal guidance and a firm grasp of Nebraska divorce and marital property laws can help your agreement gain the court’s approval.