The following form is a Property Settlement and Joint Custody Agreement.
Pennsylvania Annulment Property Settlement and Joint Custody Agreement
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FAQ
When your divorce has already been finalized, property and assets have been distributed, and an alimony order has been determined, modifications can only be made when you file a motion to modify your PA divorce decree.
Separate Property This is property that was acquired or purchased before the marriage, or after the marriage if acquired by gift, bequest, or devise. Also, property that was purchased with money earned before the marriage is separate property.
In most cases, the court will only grant a modification if the change is not only substantial but a long-term or permanent situation. To request an alimony modification, a party must file a motion to modify or terminate alimony with their local county court clerk.
As indicated in the preceding section, divorce settlement agreements are written contracts and, as such, certain obligations in the agreement may be subject to a statute of limitations. If one party to the agreement fails to meet that obligation, the other will then have four years to seek a remedy from the court.
Pennsylvania is not a community property state; it is an ?equitable distribution? state. This is a significant distinction because if you and your former spouse cannot reach an agreement, the court may make a decision for you and not in an expected way.
If you can prove that a settlement is flawed, you can have it overturned. If a settlement agreement is signed under duress or deception, it might not be legal. A settlement agreement may also be revoked due to a mistake made by both parties or a false statement made by the other party.
Under Pennsylvania law, a marriage can be annulled for four reasons 1) one of both spouses' mental state was impaired when they married, 2) one or both parties were unable to give valid consent to the married 3) the marriage is illegal and 4) the marriage cannot be consummated.
However, Pennsylvania marital settlement agreements can be changed if both spouses consent. This is rare, however. A Court will not modify certain terms such property division, alimony, and attorney's fees unless the divorce agreement contains language permitting judicial intervention, which these Agreements rarely do.
