Opinion
No. 4-735 / 04-0297
Filed December 8, 2004
Appeal from the Iowa District Court for Jackson County, J. Hobart Darbyshire, Judge.
Petitioner appeals from the economic provisions of the decree dissolving his marriage to respondent. AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS.
Charles Hallberg of Bjorklund Law Firm, Coralville, for appellant.
Bradley Norton, Clarence, for appellee.
Considered by Vogel, P.J., and Miller and Eisenhauer, JJ.
The parties appeared for trial in this dissolution of marriage proceeding on December 1, 2003. As is often the case, they informed the court they had narrowed the issues to two and had agreed on everything else. Counsel said to the court: "We'd like to read [the stipulation] into the record or at least stipulate to what we agreed to; is that all right?" The court did not allow the stipulation to be read or included in the record but told the parties to submit it in "decree form." They then took evidence on the two issues: alimony and health insurance for the respondent. The court entered an order granting the dissolution and addressing the two issues submitted. No other "decree" was ever submitted. The parties, or one of them, again as is often the case, had a change of heart after the trial. We are now faced with an incomplete record on appeal.
It is the decree and not the stipulation which creates whatever rights the partieshave. In re Marriage of Von Glan, 525 N.W.2d 427, 430 (Iowa Ct.App. 1994). Although a stipulation and settlement in a dissolution proceeding is a contract between the parties, it becomes final only when accepted and approved by the court. Id. Because there is no final order regarding the property settlement, the issue of alimony could not properly be decided by the court. Accordingly, we reverse and remand to the district court for consideration of the issue of alimony along with the property distribution.
Michael also contends the court erred in allocating the thrift account to him prior to making a cash award to Mary to equalize the property distribution. Again, there is no record of a final property distribution before us. Accordingly, we do not consider this issue on appeal.
The order of the district court dissolving the marriage is affirmed. All economic issues are remanded.