Giddins v. Giddins

the attached case the Husband and Wife had entered a Marital Settlement Agreement, but before it was approved by the trial court, the Wife filed a Motion to Set Aside the settlement agreement. Despite the motion, though, the trial court entered a Final Judgment adopting the agreement over the Wife’s objection. This was error. The appellate court reversed, stating that the trial court should have either permitted the Wife to present argument and evidence contesting the adoption of the marital settlement agreement during the hearing on the Husband’s petition for dissolution of marriage, or alternatively, the court should have deferred entering a final judgment until a hearing on the Wife’s motion to set aside the marital settlement agreement had been held.

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