Virginia Mediation Divorce Settlement Lawyers Attorneys

Virginia Mediation Divorce Settlement Lawyers Attorneys

by

Atchuthan Sriskandarajah

CANDACE JANE MARTIN CLATTERBUCK v. GRANT LEWIS CLATTERBUCK

COURT OF APPEALS OF VIRGINIA

December 10, 2002, Decided

Factual Background:

Plaintiff wife filed a bill of complaint against defendant husband, seeking a divorce. The parties engaged in a mediation session and reached an agreement resolving the issues of spousal support and the division of marital property and debts. Both parties signed the handwritten agreement the next day. The wife wanted more money from the sale of the marital residence. The agreement that the parties signed had a provision that stated, “Agreement to be memorialized by formal written agreement.” The wife argued that, as there was no formal written agreement, the handwritten document was not a binding agreement. The Circuit Court of Roanoke County (Virginia) entered judgment, finding that the parties were bound by the agreement

Issue:

Whether the agreement is unenforceable because it called for the execution of a

formal written document

, which was not produced?

Discussion:

The wife expressed an intention to settle the case through the agreement she reached with husband on February 27, 2001. She contemplated the agreement and did not sign it until the following day, she acknowledged in her deposition that an agreement had been reached, and she represented to the court that the case was settled and the trial date was cancelled. “If, as here, the parties are fully agreed upon the terms of the settlement and intend to be bound thereby, ‘the mere fact that a later formal writing is contemplated will not vitiate the agreement.'”). The trial court did not err by determining the parties reached a binding agreement and that the formal written document was unnecessary.

Accordingly, the court summarily affirmed the decision of the trial court

Disclaimer:These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in

Virginia

, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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