Category: Settlement agreement

Before vacating a settlement agreement, our courts require clear and convincing proof that the agreement should be vacated

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Our courts place a high value on the settlement of disputes, particularly those involving family matters

Posted in *All Posts, Divorce, Property-settlement-agreement, Settlement agreement

A party may secure relief from a property settlement agreement if there are exceptional or compelling circumstances which indicate that enforcement of the agreement would be unjust, oppressive or inequitable

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A party that uses unambiguous terms in a contract cannot be relieved from the language simply because he had a secret, unexpressed intent that the language should have an interpretation contrary to the words’ plain meaning

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An agreement to resolve a matter will be enforced as long as the agreement addresses the principal terms required to resolve the dispute

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An agreement to settle litigation

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Child support belongs to the child and cannot be waived by the parents, and an obligation to support a parent’s child cannot be evaded by a property settlement agreement

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The appropriate forum for enforcement of the settlement agreement is a separate action for breach of contract

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The parties are bound by the contracts they make for themselves, with the understanding that a meeting of the minds is an essential element to the valid consummation of any agreement

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Parties to a divorce action may enter into voluntary agreements governing the amount, terms, and duration of alimony, and such agreements are subject to judicial supervision and enforcement

Posted in *All Posts, *Published case, Alimony, Cohabitation, Divorce, Property-settlement-agreement, Settlement agreement