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ENM Law News: Appellate Victory

by | May 27, 2015 | Uncategorized | 0 comments

Our Berks County divorce attorneys handled a case for a client who had a significant retirement account. Following negotiations, the parties reached an agreement on the retirement account in a property settlement agreement and the divorce was finalized. After the divorce decree was entered, the client realized that he was mistaken as to the different parts of his retirement account and that he had agreed to give away a larger portion of his retirement than he, and the opposing party, had understood or intended. Our Berks County appellate attorneys filed a motion to have the divorce case reopened based on mutual mistake in a contract. Our motion was granted and the court changed the property settlement agreement to reflect the understanding of the parties. The opposing party appealed the court’s decision and our attorneys represented our client’s interests on appeal. The Superior Court agreed with our arguments because there was significant, credible proof that the parties had intended a different result and affirmed the trial court’s decision.

If you are going through a divorce, you need a knowledgeable lawyer on your side. Call our Berks County divorce attorneys at 610-372-5128 or email us at [email protected]

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