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If you and your partner cannot agree on what happens with your property and debts, with or without the help of lawyers, you have two options. You can ask a family law professional to help you resolve your issues. Or, you can go to court and ask a judge to decide.
Once a settlement has been reached by both parties, your attorney will notify the court, which will then issue an Order of Settlement requiring the completion and signing of all relevant documents within 30 to 60 days. The Settlement Release form is an important step in the process.
Yes, once all the necessary written concurrences are obtained, a settlement agreement is binding on both parties.
Motions to Enforce The settlement must either be in writing, signed by all the parties outside the court, or may take the form of an oral agreement made in the court's presence.
One of the most common practices to enforce a settlement agreement is to file a motion to enforce settlement agreement in court. This motion calls on the court to enforce the agreed upon terms, and the judge has the final say.
A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6. The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.