In re Marriage of Akbani

Court properly entered order confirming separation and divorce agreement entered into between husband and wife, and properly entered order finding that handwritten agreement of two years later is not binding on parties. Handwritten agreement prepared during voluntary mediation was unenforceable as it contained an attorney review clause, which was a condition precedent to completion of that agreement, and that condition was not met. Husband took no action to contest terms of divorce agreement until a week prior to hearing, and both parties proceeded as if agreement was in effect; no showing of mutual mistake of fact warranting setting aside of agreement.(WELCH and STEWART, concurring.)