It is common for a couple to draft a written agreement in the event of their divorce.
It is common for a couple to make a written agreement in the event of their divorce. However, when divorce proceedings are initiated, it is not uncommon for one spouse, feeling aggrieved, to refuse to respect the agreement.
In one case, after definitively ceasing to live together, the parties agreed in writing, following mediation, on the division of the family patrimony, alimony, and child custody. Five years passed before Madame served her divorce petition, in which she requested the reopening of the agreement. She claimed to have received much less than she was entitled to. She therefore requested a reassessment of the assets at the time of the divorce proceedings rather than at the end of cohabitation, the date of the agreement's signing.
The Court* rejected the request, finding that the agreement was not unfair or inequitable and that the value used for comparison purposes in the division reflected the value actually received by Madame.
In another case, in order to reassure his hesitant wife about leaving the workforce out of fear of loss of autonomy and income, Monsieur wrote a letter to Madame in which he "promised to transfer to [her] a value that would balance [their] respective total assets." This option was stipulated to be executable at any time. Six years of cohabitation passed before the divorce proceedings were initiated. Monsieur then refused to give effect to the agreement. He claimed it was merely a love letter and not a change to the matrimonial regime or a promise of donation.
The Court* concluded that the agreement amounted to a promise that entitled to damages, and that Madame acted on this promise "when she decided to leave the workforce" to focus on the needs of the family. The court awarded Madame a total sum of over $1,390,000, reflecting the parties' intention under the agreement and compensating her for the damages she suffered.
Love is filled with promises that often crumble along with passion.
* C.A. 500-09-025374-158 and 500-09-025601-154
* C.A. 500-09-020892-105 (505-12-030478-062)
