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Originally Posted by keryx
Last time I checked, divorce papers are a legally binding document. Assets and liabilities are divided accordlingly....
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In my case a divorce decree was granted by the court that took judicial notice of the property settlement agreement (which also incorporated child custody and support terms). The settlement is itself a contract between the divorcing parties. .
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Originally Posted by keryx
I can sympathize that once something has been signed, sealed and committed, that one could very logically think that it's over, an agreement has been met and will be adhered to (legal documents are strange that way.)
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A divorce property settlement can be either a contract between the divorcing parties, or it can be the order of a court; it's binding on the divorcing parties in either case.
That said, if party A has a debt to party B, a promise by party C made to B to settle the debt on A's behalf, (be it in a contract or in compliance with a court order) does not discharge A's responsibility to B, and the debt does not magically become "C's debt"...even if C was a debtor to A as well. In that last case the credit contract language is usually that the debtors are "severally" (individually) liable for satisfaction of the debt as well as "jointly" (together)--they're both on the hook for the full amount. If the resulting lawsuit is a surprise, it's only because A didn't verify C's performance and enforce the contract containing the promise. But that's a matter between B and C; it's not A's problem, nor should it be.
(of course the usual
IANAL disclaimer applies. )