Prior Separation Agreement Subject to Court Review

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A separation agreement made several years before a judgment for legal separation is subject to the court’s discretion in fairness and equity before incorporation.

The parties’ received a judgment of legal separation on January 11, 2007. The judgment incorporated an agreement to the terms and conditions of the separation including a parenting plan, alimony provision and the division of their real and personal property. In May 2009, the defendant husband filed a motion to reopen the judgment, claiming he was forced into the agreement by not being properly prepared for the trial in January 2007.

The court found that a review of the 2007 separation agreement was proper. While there is some debate as to a court’s role in reviewing the fairness and equity of a separation agreement, the court found that such inquiries have become standardized in Connecticut courts. A separation agreement is not intended to displace the judicial powers of the court. The 2007 was executed approximately five years before the case at hand. The court reasoned that all parties’ should be adequately noticed to such conditions in the furtherance of due process of law. A review of the agreement would prevent an inequitable execution of an unjust contractual agreement.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: Meeks v. Meeks, 2013 Conn. Super. LEXIS 1697 (Sup. Ct. Conn. 2013).