Saffold v. Saffold

LETTS, Judge.

In a property settlement agreement, entered into incident to a marriage breakup, it was provided that “the husband and the wife hereby agree that each will be responsible for their own attorney fees incurred in any action for dissolution of marriage.” Notwithstanding this provision, and the incorporation of the property settlement agreement into the final judgment, the court on a later occasion granted attorney’s fees and costs to the wife. We reverse.

The wife relies on a line of cases holding that a provision in an agreement where one spouse waives or limits his right to…