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Oregon Court of Appeals


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Brown and Brown

Summarized by: 

Date Filed: 11-27-2013
Case #: A150044
Duncan, J. for the Court; Schuman, P.J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A150044.pdf

Family Law: When reviewing spousal support amounts in settlement agreements not incorporated into a stipulated judgment courts should consider whether the agreement is just and equitable not whether it violates public policy.

Wife appealed dissolution judgment that enforced a settlement agreement. Wife and Husband had been married eight years when she sought dissolution of the marriage.  Husband accepted Wife’s settlement offer, though the settlement agreement was not incorporated in a stipulated judgment. Trial court essentially included the terms of the settlement agreement in its decision. Wife asserted that the court erred when it enforced the settlement agreement without first considering whether the agreement was just and equitable. The Court agreed with Wife. The lower court should have considered whether the settlement agreement was just and equitable under ORS 107.105(1)(d), not whether it violated public policy. Vacated and remanded for reconsideration of spousal support and attorney fees; otherwise affirmed.