Well, that wait didn't last long. As reported by several outlets, Judge Scott Gordon has thrown out the MPA at the heart of Frank and Jamie McCourt's divorce case. While we're as yet without the specific reasoning behind the decision, I suspect it is deeply rooted in Frank's failure to persuade the court not to evaluate the MPA under California Family Code Section 852(a).
As you might recall, § 852(a) specifically forbids the court from examining extrinsic evidence showing Jamie's intent with the document. Put simply: the text of the MPA controls. And when faced with two documents conflicting as to a material term--ownership of the couple's principal asset--what choice does a judge have but to toss the agreement entirely?
A couple months back, I speculated:
[T]he threshold question is whether Judge Gordon will consider much beyond the words on the agreements themselves. Because of the conflicting Exhibit A's, a determination that § 852(a) controls the analysis would be a big step in the winning direction for Jamie.The guess here is that big step was, indeed, taken.