Thursday, August 8, 2013

Due Process = Notice + Opportunity to be Heard and Unconscionable = Shock the Conscience

Hartle v. Hartle, 2012 UT App. 312, Utah Court of Appeals, November 1, 2012

Husband moved to set aside an order which was entered based on a stipulation of the parties.  Husband failed to marshal the evidence in support of his claim that the parties did not have a meeting of the minds. 

Husband argued next that he did not receive due process on his Motion to Set Aside.  The Court of Appeals disagreed.  The trial court found that the Court’s hearing as to the enforceability of the agreement was sufficient due process because it provided Notice and Opportunity to be Heard.

Lastly, Husband argued that the agreement was unconscionable.  The Court of Appeals disagreed.  The Court of Appeals found that the agreement did not shock the conscience.  If fact, Wife's agreement to trade away alimony for return of her contribution in investment property was a reasonable trade.


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