Divorce Dex.com: Breach of Contract

Definition Breach of Contract - a party’s failure to perform according to the terms set forth in a contract.

Application in Divorce A Separation Agreement and/or a Marital Settlement Agreement, when signed, is a legal binding contract between two spouses. Since this type of agreement (contract) is often executed upon separation, it intended purpose is to establish and understanding between two spouses on how things will continue forward up until a divorce is finalized. If one or both of the spouses do not act according to what is stated and agreed to in the separation agreement, he or she is said to be in "breach of contract".

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Yes, a spouse can easily go against his or her word by breaching a signed contract, but at least if you have it in writing, you have some ammunition for the courtroom if needed.

Contributed on 5/17/2007 by: DivorceDex.com Staff
Category: Agreements (Applicable in All States)

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#813: If you and your spouse decide to use mediation, once reaching an agreement, it is best to each have his or her own lawyer review the agreement in draft form before signing. This way any financial and legal repercussions of an agreement may be discovered that would have otherwise been missed.

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