A settlement agreement is always in writing, and both parties must agree to the provisions in the settlement agreement. Also, both parties must sign the settlement agreement for it to be legally binding. A settlement agreement will resolve a civil lawsuit.
Make sure the settlement agreement: is in writing. covers the specific dispute you're having. is made by a lawyer who's independent of your employer. gives the name of that lawyer. sets out what you and your employer agree to do. says that the agreement meets the rules about settlement agreements.
It is generally a good idea to have a skilled attorney draft the settlement agreement, which will resolve your civil lawsuit.
Once the divorcing parties have completed, signed, and notarized this paper, they can submit it to the court for review. If the judge approves the agreement, it will become part of the final divorce decree, making it legally binding and enforceable.
If your attorney agrees with the terms of release, you will have to sign the form in the presence of a notary public. Once you sign the form, you cannot change the terms and you have released the opposing party from further liability.
File a motion: Once you have gathered the necessary evidence, your attorney will file a motion with the court requesting the agreement to be overturned or canceled. This motion will outline your arguments and provide the evidence supporting your claims.
In most cases, a contract does not have to be notarized since the signed contract itself is enforceable and legally binding in state or federal courts. Many types of written contracts don't require a notary public to be valid.
Once a settlement agreement is entered as a judgment, the Family Code set-aside statute applies. The proper remedy to avoid the deal is a motion to set aside the judgment. There are two statutory frameworks for a family court to set aside a judgment: CCP section 473(b) and Family Code sections 2120-2129.