Curry v. Curry

392 S.E.2d 879 (1990)

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Nature of the Case

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Facts

H and W were married in 1975, divorced in 1977, and remarried 'by the common law' later in 1977. H filed for divorce in 1981 and again in 1984. In 1984, the parties signed a reconciliation agreement that dismissed the pending action without prejudice; provided for certain payments by H to W, and barred W from future claims for alimony or equitable division of property. In 1989, H filed a new complaint for divorce and sought an order enforcing the reconciliation agreement. the trial court entered a final judgment to enforce the agreement. W appealed. W asserts that the trial court's conclusion (that the agreement was not unconscionable) is inconsistent with its findings that: the terms and conditions of the reconciliation agreement were unfair and inequitable in that in any divorce proceeding in 1984, the wife had a substantial likelihood of receiving some equitable division of property despite any acts of adultery which could bar alimony.