When it comes to settlement agreements on the date of a contested hearing, sometimes a couple involved in a case will come to an agreement just to get it over with. They don’t want to necessarily take a chance by presenting the case to the judge because there are certainly issues sometimes. One of the things that can help and one can do is coming to an agreement with their ex. This can minimize the risks that are going to be involved in the case. That’s one of the critical reasons why one might want to come to an agreement. Oftentimes, what will happen is if they come to an agreement at the hearing, the court will make a number of inquiries about the nature of the agreement and if it was mutual on both sides.
If the couple came to an agreement, then they typically go in front of the judge and they put the agreement on the record. What that means is the attorneys will discuss openly the agreement and it will be discussed on the record. There are a number of questions, questions that are going to be asked. Things like if they are under any kind of duress or coercion when signed, did they enter into the agreement freely and voluntarily, if they understood agreement and if on any kind of medication that would affect your ability to understand the agreement. Those are some basic questions that the court will inquire of the people who were involved in a divorce action.
Once the agreement is presented, the court will have to make a decision as to whether to approve the agreement or not approve it. Usually, the courts will approve it unless it’s something really outrageous. Oftentimes couples are surprised to learn that they can come to an agreement on the date of the hearing, the final hearing or even sometimes the temporary hearing. However, it’s usually in one’s best interest to prepare as if they’re going to have a contested hearing just in case this does happen.
