Family Law

Agreement Held Not Binding on the Parties

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In this divorce case, the parties and attorneys met for depositions. Before the depositions began they were able to work out a settlement. They read the agreement on the record with the court reporter that was present.

However, this is not good enough to make the agreement enforceable under Arkansas law. Arkansas law requires that the agreement be read into the record “in open court” and the Court of Appeals decided that a deposition was not open court. The agreement was invalidated.

Here’s the link to the case…
http://courts.arkansas.gov/opinions/2008a/20080618/ca07-850.pdf

Full post as published by Kevin Hickey Law Blog on July 15, 2008 (boomark / email).