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Archive for the ‘Settlement agreement’ Category

Separation agreements

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April 21, 2013 at 3:49 pm

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When the parties and their attorneys have bargained at arm’s length and there is no showing of unfairness, the trial court should not supply terms which the parties obviously considered and yet did not adopt

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April 15, 2013 at 8:39 am

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Settlement agreements must be construed in reference to the entire agreement, not selective reference to its individual clauses

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April 15, 2013 at 8:29 am

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That a settlement agreement is oral, instead of written, is of no consequence

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March 16, 2013 at 3:59 pm

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That the agreement to settle was orally made is of no consequence

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March 16, 2013 at 3:09 pm

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A settlement agreement between parties to a lawsuit is a contract

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March 6, 2013 at 7:34 am

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A judgment or order entered with the consent of the parties is ordinarily not appealable for the purpose of challenging its substantive provisions

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March 1, 2013 at 9:42 am

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Where a judgment incorporates a settlement agreement, it will not be disturbed unless fraud or other compelling circumstances are established by clear and convincing evidence

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February 26, 2013 at 7:22 am

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A property settlement agreement is subject to amendment by the court when changed circumstances make its enforcement inequitable

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February 25, 2013 at 3:05 pm

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A party who seeks modification of a judgment or order that incorporates a property settlement agreement regarding custody or visitation must meet the burden of showing changed circumstances and that the agreement is no longer in the best interests of the child

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February 23, 2013 at 11:49 am

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