Estate of Menihan

Citations

• 6 Coffey 535

Syllabus

<p>Husband and Wife—Contract Between for Settlement of Property Rights,—Where husband and wife, she having instituted an action for divorce and they having subsequently arrived at an adjustment of their differences both as to their properties and their domestic affairs, enter into an agreement whereby they adjust their property rights and thereafter live together without any change in their matrimonial relations, the contract is valid under section 158 of the Civil Code. Such an agreement is a settlement of property rights, not a contract for separation, and the decisions on separation agreements are therefore not absolute authority. The agreement is not invalidated by a provision that the wife will make no claims upon the husband for her support.</p>