Haggerty and Haggerty

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 02-20-2014
  • Case #: A149247
  • Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; and Hadlock, J.
  • Full Text Opinion

The trial court erred when it failed to determine whether the parties had entered into a valid settlement agreement.

Husband appealed a judgment for dissolution. Husband argued that the trial court erred in refusing to enforce a marital settlement agreement between the husband and the wife. In addition, the husband argued that the award by the trial court requiring him to pay $7,000 a month in maintenance support to his wife was not just and equitable. The Court held the trial court erred when it failed to determine whether the parties had entered into a valid settlement agreement. If valid, it was also necessary for the trial court to have determined if the terms of the agreement were equitable. If the agreement was valid as well as the terms equitable the trial court should have enforced it. The spousal support and life insurance awards are vacated and case remanded for reconsideration; otherwise affirmed.

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