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The court dismissed a motion for summary judgment to enforce a family law settlement, finding the agreement was conditional on the husband obtaining independent legal advice.
The applicant wife sought summary judgment to enforce a global financial settlement negotiated at a settlement conference.
The respondent husband argued the agreement was not binding, conditional on independent legal advice (ILA), and unconscionable.
The court found no binding settlement, concluding that the negotiated terms were conditional upon the husband obtaining ILA and executing a formal contract.
The motion for summary judgment was dismissed, and the matter was directed to trial.
