My ex-wife and I agreed and stipulated to an family law agreement. I am acting pro per and she has an attorney. We had a scheduled court date to file the stipulation and have the judge make it an order of the court. The night before, her attorney said she no longer agrees to the signed stipulation and will not move forward with it. Isn't it a binding agreement, even though it has not been made an order of the court?
2 Answers from Attorneys
Most likely, yes, but without reviewing the document and the detailed facts and circumstances around it being signed and now repudiated, there is no way to say for sure.
Mr. McCormick is correct. Contract law pertain to this question. If there was partial performance of the stipulation, you would have a much stronger case to argue that the agreement should be upheld.