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!!!!

Asked on 5/18/10, 6:21 am

4 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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The written settlement must reflect the oral settlement. What does your attorney have to say about this?

Answered on 5/23/10, 6:45 am

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Gary Moore Gary Moore Attorney At Law

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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.

Answered on 5/23/10, 7:52 am

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Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

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I think you asked this question already. Again, what does your attorney say?

Answered on 5/25/10, 11:11 am

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