Randy Alan Barnes v. Amy Robertson Barnes

In this appeal, we must determine whether the trial court had the authority to enforce the marital dissolution agreement signed by the parties when one of the parties repudiated its terms prior to court approval. The parties entered into and signed, in the presence of a notary public, a marital dissolution agreement. Shortly thereafter, the husband filed a complaint for divorce in which he expressed his repudiation of the agreement. The wife filed a motion to enforce the agreement as a validly executed contract. The trial court granted the husband a divorce, but enforced the terms of the marital dissolution agreement as a valid contract between the parties. The Court of Appeals overruled the trial court’s enforcement of the agreement, holding that the trial court did not have authority to enter a consent judgment because one of the parties had withdrawn his consent prior to the entry of judgment. We granted the wife’s application for permission to appeal and hold that the marital dissolution agreement was an enforceable agreement, and reinstate the opinion of the trial court.