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Help with defining law jargon

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M

Michelle Witt

Guest
Having trouble understanding term in my divorce and settlement agreement. Part of the divorce agreement- " Ordered, judged and decreed, that in all other respects the terms and conditions of the settlement agreement dated february 4, 2001 shall be incorportated by reference into the judgment of divorce and shall not merge in said judgement of divorce. " Please could someone tell me in lay person what this is saying. Is the settlement agreement binding with the divorce or are they separate. I am confused. Please help. Also stated in the divorce settlement article VI Matrimonial decree states "The judgement of divorce shall incorporate by reference the terms fo this agreement and become part of said judgement of divorce. The terms of this agreement shall survive said judgement of divorce and not merge therein." Does this mean that the settlement agreement is just refernce to by not part of the divorce decree. The divorce was awared in a NY court. Also stated in the final judgement it states " ... and the defendant having appeared by her attorney and thereafter withdrawing her appearance pursuant to a settlement agreement in writing date feb 4, 2001, duly acknowledged by both parties...." This statement say to me that I would not agree to the divorce unless a settlement agreement was agreed upon, am I correct in my interpretation of these and the previous statements. Again please can anyone help me understand the jargon used by the legal system.

Thank you michelle witt
 



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