Oregon Statutes 107.104 – Policy regarding settlement; enforcement of settlement terms; remedies
(1) It is the policy of this state:
Terms Used In Oregon Statutes 107.104
- Contract: A legal written agreement that becomes binding when signed.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Violate: includes failure to comply. See Oregon Statutes 174.100
(a) To encourage the settlement of suits for marital annulment, dissolution or separation; and
(b) For courts to enforce the terms of settlements described in subsection (2) of this section to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.
(2) In a suit for marital annulment, dissolution or separation, the court may enforce the terms set forth in a stipulated judgment signed by the parties, a judgment resulting from a settlement on the record or a judgment incorporating a marital settlement agreement:
(a) As contract terms using contract remedies;
(b) By imposing any remedy available to enforce a judgment, including but not limited to contempt; or
(c) By any combination of the provisions of paragraphs (a) and (b) of this subsection.
(3) A party may seek to enforce an agreement and obtain remedies described in subsection (2) of this section by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under subsection (2)(b) of this section is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.
(4) Nothing in subsection (2) or (3) of this section limits a party’s ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS § 107.135 or to seek enforcement of an ancillary agreement to the judgment. [2001 c.203 § 2; 2003 c.576 § 108]