Once the court approves the transaction agreement, the court will make the agreement part of its final judgment and the divorce decision. This process is called „initiation.“ See generally Herndon v. Herndon, 227 ga. 781 (1971) and Funderburk v. Funderburk, 229 Ga. 457 (1972). The rights of the parties after the final divorce judgment is adopted stem from the final judgment itself and not from the underlying agreement. Mehdikarima v. Emaddazfuli, 268 Ga. 428 (1997). In other words, the parties are bound by the agreement under the court order. Therefore. B a party may apply for contempt of Court if the other party does not comply with the terms of the transaction agreement that was incorporated into the Tribunal`s final decision.
Although the courts generally allow transaction agreements between the parties, Georgian courts have the power to approve or reject (in whole or in part) transaction agreements between the parties to a divorce. See page v. Page, 281 Ga. 155 (2006) and Jones v. Jones, 280 Ga. 712 (2006). For example, a court may refuse a settlement agreement that completely prevents a parent from going to the children`s home, because the absence of a parent in the children`s lives is unlikely to serve the well-being of the children. For more information on child care, visit our child care section. See in particular our article entitled „Determining Child Custody: The Best Interests of the Child.“ When negotiating your contract, you should be guided by how a court is likely to standardize your property, assign custody and custody, and deal with other matters. A separation agreement is a legal document that binds you together for many years and determines your rights, obligations and responsibilities from your marriage. You and your spouse can amend the agreement if you agree to both changes; it may be amended by a court order, unless the agreement explicitly states that the agreement is not subject to judicial amendment.
Nevertheless, the court can still amend the provisions of an agreement on custody and custody of minor children. However, the formal transaction agreement documents to the court that your divorce is indeed unchallenged, and it documents your mutual understanding of the terms of the divorce. If you don`t have a signed transaction agreement, the process can take a lot longer, even if the couple doesn`t argue about anything. Without a settlement agreement, the judge must find that the parties agree on all matters and then draft a more detailed divorce decree, instead of simply approving a divorce agreement that the parties have signed in advance.