Husband J.E.T. v. Wife E.M.T.

In this action for divorce by the Husband, the Family Court entered an order on the Wife’s application specifically enforcing a separation agreement between the parties. We consider only the Husband’s appeal from that order. He argues that it is “unenforceable because it violates the equitable principle of fairness.”

The Family Court has statutory jurisdiction over an agreement relating to payments for support between spouses, 13 Del.C. § 507, and such an agreement may be specifically enforced, Astle v. Wenke, Del.Supr., 297 A.2d 45 (1972), in the sound judicial discretion of the Court, 4…