The 2014 Peabody case changed how judgments of divorce and settlement agreements can be enforced, challenged, or amended. It is important to be aware of these new rules when advising a client on how to finalize a divorce. Our experienced panel will teach you to:
- Explain the client’s available remedies for enforcing a judgment under the court rules as opposed to enforcing a settlement agreement as a contract
- Compare the grounds for setting aside a judgment with the options for challenging a settlement agreement
- Identify the differing time limits for enforcing or amending the judgment in comparison to the settlement agreement
- Advise the client on whether merger and/or incorporation of the settlement agreement into the judgment is the better option