Browning v. Browning

Weltner, Justice.

The parties were divorced pursuant to a final judgment and decree which incorporated a separation agreement providing in part as follows: “It is further agreed between the parties in the event a suit for divorce is filed for either of the parties hereto, that this Agreement shall be made a judgment of the Court.” Upon the former wife’s application for contempt, the former husband filed a motion to vacate and set aside the decree on the ground that it was void as against public policy in that it was a contract to facilitate a divorce. The trial court agreed, and entered an…