Gangopadhyay v. Gangopadhyay

MILLER, Chief Justice:

I

This appeal presents the principal question of whether the parties to a divorce can be bound by an oral property settlement if such an agreement is spread upon the record in open court and the parties testify under oath they agree to its terms.

The plaintiff wife in the divorce action below argues that such a procedure violates W.Va.Code, 48-2-16(a) (1984), which concerns the effect of a separation agreement on temporary and permanent division of property and awards of alimony and child support, 1 and W.Va.Code, 48-2-32(b), which involves the effect of a separation…