Archive for May, 2008
Survived Agreement
Parties entered into a separation agreement which provided that the husband was to pay $275.00 per week in alimony. The agreement did not mention merger or survival. The judgment nisi, however, stated that the agreement survived. Years later, when the ex-husband sought a modification, the ex-wife moved to dismiss his complaint on the grounds that ...
Continue ReadingLitigation Exception to No Contact Order
The Appeals Court found that a woman violated a restraining order barring contact with her ex-lover by threatening, through his attorney, to release economically damaging information unless he agreed to certain demands related to the custody of their child. The woman had argued that her contact with the attorney was covered by the “litigation exception” ...
Continue ReadingPrenuptial Agreement
The Appeals Court reversed a Probate Court judgment upholding a prenuptial agreement, the proponent of which was the husband, a biologist, who drafted it himself. The Appeals Court focused on a variety of factors in its decision to invalidate the agreement. Neither party had counsel. There was no evidence that the wife, also a biologist, ...
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