Benefits of an Uncontested Divorce - Faq's

Can the court modify the division of property and debts after the parties have signed and entered an Agreed Final Decree of Divorce?

Since the division of assets and liabilities is in the nature of a contract between the parties, the court has no inherent authority to do so.  The Family Code does not authorize any such action except where one party has concealed assets from the other during the divorce process.  A motion to enforce property division would have to be filed, served on the other party and a hearing held to decide the matter. 

Typically, prudent drafting of the Final Decree requires that one hundred per cent of the undisclosed assets be awarded to the party not in possession.

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