Hertz v. Hertz

ENDY, S.J.,

In the matter at bar, we are asked to determine the post-reconciliation enforceability of an agreement reached through mediation and captioned as a “memorandum of understanding.” Because we find the self-styled “memorandum of understanding” to be a valid, comprehensive property settlement agreement rather than a mere separation agreement, it is enforceable against the plaintiff, notwithstanding the parties’ interim reconciliation prior to final separation.

Margaret and Cyril Hertz married on June 4, 1988. They have two children, Alexander, bom May 30,1990, and Cody, born May 2,1993.…