Property Division Agreement Invalidated in Case of Failure to Get Divorced

 
Property division agreement is the choice of first priority for the disposal of community property and debts if a couple intend to divorce each other. Even they haven’t reached such an agreement before filing for divorce, the court will recommend that they do so during divorce proceedings.
 
Where a couple reach a property division agreement whereby they agree that their community property and debts will be disposed as agreed thereunder after their divorce, such an agreement will be effective and binding if they get divorced by agreement, through mediation, or by a decree.
 
But if they fail to get divorced by agreement or through mediation, the property division agreement conditional on divorce becomes invalid and not binding on spouses. In such a case, they may reach a new agreement on their own initiative or through negotiation during the divorce proceedings. And based on their agreement, the court will make a decree or consent decree if divorce is granted.