CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Construction of MSAs
4 Cards On This Topic:
  • No implied covenant of good faith and fair dealing in merged MSA, but statutory rules of construction and interpretation still apply; when terms can be implied.
  • MSAs are contracts to be interpreted by legal principles applicable to contracts generally.
  • MSAs interpreted according to contract rules, thus where language of MSA unambiguous, extrinsic evidence may not be admitted to explain meaning.
  • Stipulated judgment must be analyzed in light of parties' intent and statutory requirements for contract interpretation.