Friday, November 16, 2012

First District Court Reverses Rejection of MSA

In Colley v. Colley, the lower court issued a Final Judgment of Dissolution of Marriage which set aside the parties’ Marital Settlement Agreement as vague and in part violating public policy.  On review, the First District agreed with the former wife that there was no showing of fraud, and that any vagueness in the agreement could be solved by the Court’s interpretation.  Likewise, if part of the agreement violates public policy, only that part could be declared invalid.  Because the failure of the agreement to resolve every issue is not a reason, according to the First District, to invalidate the entire MSA, reversal was required with the Court instructed to apply the agreement as valid.


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