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752 N.E.2d 661

Spencer v. Spencer

Indiana Court of Appeals

Decided July 30, 2001

Indiana Court of Appeals · decided 2001-07-30

Cited by 4 later decisions — most recently March 2026

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-07-30

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FRIEDLANDER, Judge,

¶1concurring in result.

¶2I agree with the majority's conclusion that the trial court erred in approving the unsigned property settlement agreement. In my view, we need only look to the provisions of A.D.R. 27(BE) in order to decide this matter. That provision provides that, in order to be enforceable, an agreement in domestic relations matters "shall be reduced to writing and signed by the parties and their counsel," AD.R. 27(E)(2), and then filed with the court.

¶3In this case, Wife did not sign the doeument containing the property settlement terms upon which the parties had apparently agreed following the October 6, 1998 mediation. Absent her signature, there was no enforceable agreement, and the trial court erred in concluding otherwise. Upon this basis alone, I concur .in the result reached by the majority.

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