Phillips v. Phillips

SHEPARD, Justice.

This case presents for decision in this Court questions regarding the law of divorce which have long plagued this Court and have resulted in substantial confusion. The questions put to us are in essence these: When a husband and wife enter into a separation and property settlement agreement in contemplation of a divorce and the parties are divorced at a later time, what is the legal status of such agreement? Is the district court prevented from exercising its jurisdiction over the matters contained in the agreement? Are the doctrines of “merger” and “integration” rational…