Johnston v. Johnston

465 A.2d 436 (1983)

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Nature of the Case

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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.