Legal Question in Family Law in New Jersey
I recently went to a in court settlement conference with my attorney and my husbands attorney. A settlement agreement was reached. Attorneys went in front of judge and said a settlement had been reached. A settlement was to be typed up by his attorney which was grossly different from our agreement. He refused agree to our oral agreement. Question: Is he obligated to stand by his oral agreement? What is my recourse? Does a statute Brewer vs Brewer apply here? Need help!!!!
4 Answers from Attorneys
The written settlement must reflect the oral settlement. What does your attorney have to say about this?
The entire purpose of a written agreement is to make clear that the parties are agreeing to the same terms of settlement. If the parties misunderstood each other, the court should be advised of same so that the matter can be scheduled for trial. The uncertainties of a trial is what make the parties compromise. Move to schedule a trial because you will be sending a strong signal
that nonsense will not be tolerated.
I think you asked this question already. Again, what does your attorney say?
Talk yo your lawyer