Eversbusch v. Eversbuch
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Helen and Andreas Eversbusch married in June 1985. After marital problems arose in 2001, the couple engaged in counseling and other efforts in an apparent attempt to save their marriage. In January 2002, Helen prepared a six-page document in letter form entitled "Letter of Agreement between Andreas W. Eversbusch and Helene H. Eversbusch" ("Agreement") outlining, behavioral expectations for continuing the marriage, alleged promises between the parties, and "[i]n the unfortunate event of divorce" summary provisions for division of the parties' substantial assets, custody of their children, and alimony and child support. Several years later, marital problems again arose, and in January 2012, Helen filed a complaint for divorce. In May, she filed a motion to enforce the Agreement, requesting that the superior court enter an order finding that the Agreement was legally valid, and therefore, that it resolved "all issues regarding equitable division of property and permanent alimony." The Supreme Court granted interlocutory appeal from a Superior Court order that denied Helen's motion. Upon review, the Supreme Court concluded the Superior Court did not err in denying the motion, and affirmed.
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