NJSBA Family Law Section

Hello Listmates,

Had a 4 way recently and client wanted to settle to end the fighting.  One of the items for ED was some jewelry.  We agreed to let the wife keep the items but now client wishes to have one piece back and she refuses.  Before everyone left the table, we wrote out the terms and included the jewelry.  Any ideas on getting the item back for the client.  He understands that he agreed to it but was hoping that something could be undone so he could have the piece back.  Thanks in advance for any suggestions. 

Best,

Eric   

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Eric Hannum Esq.
Jackson NJ
(732)370-9596
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Brawer v. Brawer, 329 N.J.Super. 273 (App. Div. 2000).

Before trial, Ms. Brawer moved to enforce a settlement which she contended the parties had agreed to at the end of a 10 hour settlement conference. The motion was denied and an 8 day bench trial was held to determine whether the parties had reached an enforceable settlement. Following the conclusion of that trial, the trial court ruled that there was no settlement. Reversed on appeal : settlement enforced. Contracting party is bound by the apparent intention outwardly manifested to the other party.