JOHNSTON V. JOHNSTON
465 A.2d 436 (1983)
NATURE OF THE CASE: This was a dispute over a collateral attack of a separation agreement
not approved, incorporated, or merged into a divorce decree.
FACTS: H and W were married for 23 years and then separated in 1971. Four children were
born and subsequent to the separation, they negotiated an agreement to effect a final and
permanent settlement of prospective property rights. The agreement specifically provided
that it was not to be merged into the divorce decree and that it shall survive the divorce
decree. H filed for a divorce and asked that the separation agreement be incorporated by
reference into the divorce decree. That was accomplished in the divorce decree, which was
issued in 1973. In 1981, H filed a petition to set the agreement aside base on the fact that
he was incompetent to enter into the agreement. W filed a motion to strike. The trial court
ruled for W and H appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment