And, (if so) is breaking the contract make one liable for damages? Just a question: a divorce agreement seems to bear some of the attributes of a contract…it is an agreement, willingly entered into by both parties, specifying various actions to be performed. However, there is no “consideration”.
My question: can a party that fails to live up to one or more points of the agreement be sued for damages?
What saith the legal community?
Lawyer here - not expert in family law, but familiar with my in-laws’ travails (along with spouse who is also a lawyer).
A divorce agreement is certainly an enforceable contract. The parties can return to court to obtain enforcement. I am not sure what “damages” you believe might result from noncompliance, or what recourse a party might seek other than specific enforcement.
Moreover, as most contracts, a divorce agreement can be modified by agreement of the parties. Of course, such modification ought not be done casually or informally…