Category: Settlement agreement

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

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

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

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

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

An agreement to settle litigation

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

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

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

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