Norma G. Pearson v. Robert Niles Pearson

HALL, Justice: This is an appeal from an order in a decree of divorce dividing property pursuant to a general formula stipulated to by the parties. The formula was not followed in specific detail but the court, after more than one lengthy hearing, made a specific division of all real and personal property. The appellant was dissatisfied with the division and filed this appeal asserting the trial court failed to make appropriate findings of fact, Conclusions of law and judgment in accord with the said stipulation of the parties, however, makes no claim that the ultimate judgment was not just and equitable. It is noted at the outset that the trial court, pursuant to U.C.A. 1953, 30-3-5, may make such orders in relation to property as may be equitable and the parties cannot by contract completely defeat the authority expressly conferred by said statute. It is the court's prerogative to make whatever Disposition of property, including the rights in such a contract, as it deems fair, equitable, and necessary for the protection and welfare of the parties. 1 The court need not necessarily abide by the terms of the litigant's stipulations, 2 and, although such should be respected and given great weight, the court is not duty bound to carry over the terms thereof. 3