Dominick v. Dominick

Cleared of the underbrush, this case presents for the first time in Massachusetts the questions whether and in what circumstances (1) a detailed oral marital separation agreement read into the record, with the express intention of the parties that the agreement be reduced to writing and signed, is binding absent a formal signed agreement, and (2) if such an oral agreement is binding, a party may recant before the entry of a judgment of divorce nisi which incorporates the terms of that agreement.

The trial of the parties’ cross complaints for divorce began on Thursday, May 20, 1982, and was…