Small v. Small
Small v. Small, 2024 UT App 173 (Oliver, J.)
Evidence
Husband attempted to introduce evidence of an agreement and enforce the agreement during divorce proceedings. The court sustained the Wife’s objection under rule 408 of the Utah Rules of Evidence. Husband appealed. The Utah Court of Appeals reversed, holding:
- Rule 408 did not require exclusion of all evidence regarding settlement negotiations.
- The district court erred in determining that the statute of frauds applied.
- Practice tip: Evidence can be admissible under rule 408 if offered to prove the existence and terms of a settlement agreement.
- Practice tip: The statute of frauds is not triggered by a statement about offsetting equity in a home and moving out.