The Appellate Division determined that and unsigned Mediation Memorandum of Understanding attached to a signed Divorce Agreement which were not consistent required a remand to the Trial Court to determine what was intended.
The parties participated in mediation and reached an unsigned Memorandum of Understanding. A month later they entered into a written Divorce Agreement which appended the Memorandum of Understanding. The Judgment of Divorce incorporated the terms of the Divorce Agreement. The Divorce Agreement expressly provided for termination of alimony and the Memorandum of Understanding called for permanent alimony.
The conflicting language of the Memorandum of Understanding and Divorce Agreement created an ambiguity which required the court to determine the parties' intent regarding whether the alimony was permanent or could be terminated upon the occurrence of specified events. Resolution of that issue could not be accomplished by merely examining the conflicting language of the documents.