Application to Set Aside Stipulation of Settlement Dismissed

Prior results do not guarantee a similar outcome.

The firm was successful in defending and dismissing an application filed by wife to set aside the parties' stipulation of settlement, which resolved all the financial issues in connection with the parties' divorce. After extensive and protracted litigation, with both parties being represented by attorneys, the parties settled all of their financial disputes on the record in open court. A year after this settlement, wife filed an application to set aside this stipulation based on her argument that the agreement was unfair, unconscionable and fraudulent. After our firm opposed wife's motion, the court issued a decision that denied wife's application to set aside the agreement and found that there was no viable evidence of fraud, duress, overreaching or unconscionability. Further, the Court executed the judgment of divorce filed by our firm, which incorporated the parties' stipulation of settlement.