Agreement Immediately Enforceable

Larry Primeaux wrote a good article today on various clauses for property settlements in Mississippi located here.  He talks about the execution of property settlements and whether they are immediately enforceable.  Grier v. Grier, 616 So.2d 337, 341 (Miss. 1993) stated that “Today we hold that a property settlement agreement executed in contemplation of a divorce based upon irreconcilable differences is unenforceable when one party withdraws from the irreconcilable differences proceeding and seeks a divorce on grounds other than irreconcilable differences. Much confusion may be avoided by inserting appropriate language within the property settlement agreement which specifically addresses this contingency … the contract should specify, with particularity, within its four corners, whether it is to be limited to an irreconcilable differences divorce or whether it is intended to be binding in a divorce granted on any other grounds.”

I have always put a clause to allow the settlement to be revoked during the 60 day waiting period particularly where custody is involved.  A number of years ago,  I had a set of parties who came in and agreed on a property settlement and then signed it.  One party waived rather large pension claims and alimony to get the divorce over with.  The other party had apparently talked to an attorney before hand and waited until day 59 of the 60 day waiting period to file a revocation.  He tried to argue the with an attorney now that the property settlement was all contractual and he was here to litigate child custody now that the spouse had waived her claim to the pensions since custody always has to be approved by the Court.  Luckily, the settlement provided the whole thing was void if consent was withdrawn which apparently he did not read.   The client still ended up with custody, portions of the pension with additional support.  One thing to consider is whether entering an agreed temporary order with the entry of the property settlement would be beneficial and may discourage this.