McDonnell v. McDonnell

The parties executed a settlement agreement in this divorce action after discussions with the judge in chambers. The agreement was incorporated in the divorce judgment but was to retain independent legal significance except as to alimony. Two weeks after the entry of the judgment nisi, the wife filed-a motion under Mass.R.Dom.Rel.P. 60(b) (3) (1975), seeking to vacate the judgment based on alleged misrepresentations by the husband as to finances during the discussions in chambers. After hearing, the judge allowed the motion, and the husband has appealed.

The order vacating the judgment…