Rasheed v. Sarwat
Annotate this CaseHusband Imran Rasheed appealed the trial court’s grant of a motion to enforce a settlement agreement filed by wife Maryam Sarwat and its incorporation into a final decree of divorce. Husband contended that no settlement had ever been reached and that, in any event, the trial court’s order setting forth what it found as a complete settlement and the subsequent decree of divorce incorporating that settlement were too incomplete to be enforced. After review, the Supreme Court agreed that the terms of the settlement agreement as found by the trial court were incomplete, and those terms did not address all required aspects of the divorce: “Though visitation is cursorily addressed, the word custody never even appears in the order. Furthermore, the order setting forth the settlement does not contain a permanent parenting plan that complies with OCGA 19-9-1. The order regarding settlement terms also appears to be incomplete with regard to property holdings, or, at the very least, requires a great deal of inferences from unspecified sources to determine who actually owns what, what must be sold, and how any proceeds should be split between the parties. A trial court errs when it seeks to enforce what amounts to a settlement containing incomplete terms of a divorce. By incorporating such an incomplete settlement into the parties’ divorce decree and using that settlement as the decree’s operative terms, the infirmities of the incomplete settlement agreement became the infirmities of the divorce decree, which omits fundamental considerations such as the custody of the minor children.” Accordingly, the Court reversed the trial court’s order and remanded for further proceedings.
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