Statute Of Limitations On Divorce Settlement Agreement

If the parties had made the latter point, the wife`s right would be prescribed according to the court rule and the husband would be $1.417 million richer. In 2009, the Supreme Court ruled in Miller v. Miller, 983 A.2d 736 (Pa. That`s great. 2009). This was an agreement to continue paying mortgages related to a matrimonial home. In November 2005, Wife sued for the recovery of payments she had made because Husband had not done so. He argued that the limitation period is set for periods due for more than four years. Again, the Supreme Court found that this was a continuous contract, given that there was no payment deadline and the amount was not specified. As a general rule, the limitation period for a contract is four years. However, the Court of Justice found that this was a continuous contract.

The examination of the continuation of a contract to take it outside the limitation period is to determine whether there was no fixed payment period. . . .

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