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Among the relevant provisions of the agreement, paragraph 5
(“Mutual Release”) states: “the provisions of this agreement * *
* release and discharge * * * [each party] from all causes of
action, claims, rights, or demands whatsoever, in law or equity,
which either of the parties ever had or now has against the
other.” Moreover, paragraph 8 (“Alimony”) reads: “In exchange
for the mutual promises contained within, each party forever
waives alimony from the other.” Lastly, and perhaps most
significant to this discussion, paragraph 10(A)(b) (“Equitable
Distribution”) states:
For the mutual promises contained herein, including
those involving equitable distribution and any other
claims the parties may have against the other, the
parties acknowledge that Husband would owe Wife the sum
of $23,400, which Wife expressly waives herein, thus
further buying down an additional $23,400 of the
$73,000 owed to Husband.
Notably, the phrase “any other claims the parties may have
against the other” was inserted after “and” in the preceding
quotation on the date that the agreement was signed, and was
initialed by both parties.
It is clear that the Agreement controls and not, as
petitioner asserts, previous drafts of that document, or the
intent of the parties at the time the agreement was signed.
According to the parol evidence rule of contract law, parol
(oral) evidence “cannot be introduced to create, vary or
contradict a term of a contract not otherwise present in the
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Last modified: May 25, 2011