In Re the Marriage of Simms
Montana Supreme Court
JUSTICE NELSON delivered the Opinion of the Court. This is an appeal from Findings of Fact, Conclusions of Law, and a subsequent Decree of Dissolution entered by the Fourth Judicial District Court, Missoula County. We reverse and remand.
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JUSTICE NELSON delivered the Opinion of the Court. This is an appeal from Findings of Fact, Conclusions of Law, and a subsequent Decree of Dissolution entered by the Fourth Judicial District Court, Missoula County. We reverse and remand. The issues on appeal are as follows: 1. Is the oral marital settlement agreement entered into between the parties enforceable? 2. Did the District Court err in distributing the property of the parties? 3. Did the District Court err in awarding maintenance? 4. Did the District Court err in establishing a trust for the minor child’s college education? The…
1DissentJustice Gray
I must respectfully dissent from the Court’s opinion on issue one, relating to the enforceability of the parties’ settlement agreement.
It is my view that the settlement agreement reached by Garnet and Arlyn Simms is enforceable insofar as it relates to the marital property and maintenance. The Court approaches this settlement agreement as though it were a separation agreement under § 40-4-201, MCA, between parties to a marital dissolution. If I shared that view, I would agree that the agreement did not meet the requirement of § 40-4-201, MCA, that it be in writing and, therefore, would…
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