Can We Make a Private Agreement to Divide Property in a Divorce in Pennsylvania?
Full Question:
Answer:
Yes, you may make a contract on how to divide property that may be incorporated into the divorce decree and therefore becomes enforceable through the contempt power of the court. If it is not merged into the divorce decree, it is merely a private agreement and would need to be enforced through a breach of contract lawsuit.
Please see the following PA statute:
23 Pa.C.S.A. § 3105. Effect of agreement between parties
(a) Enforcement. — A party to an agreement regarding matters within the
jurisdiction of the court under this part, whether or not the agreement
has been merged or incorporated into the decree, may utilize a remedy or
sanction set forth in this part to enforce the agreement to the same
extent as though the agreement had been an order of the court except as
provided to the contrary in the agreement.
(b) Certain provisions subject to modification. — A provision of an
agreement regarding child support, visitation or custody shall be subject
to modification by the court upon a showing of changed circumstances.
(c) Certain provisions not subject to modification. — In the absence of
a specific provision to the contrary appearing in the agreement, a
provision regarding the disposition of existing property rights and
interests between the parties, alimony, alimony pendente lite, counsel
fees or expenses shall not be subject to modification by the court.
