Ross v. Ross

The defendant husband is attempting to modify a provision in a divorce decree based upon an agreement incorporated into such decree. ① The wife’s defense is that the decree and agreement amount to a property settlement and are not subject to modification.

The parties executed a document entitled, “Contract.” It provided:

“WHEREAS, the parties hereto desire to make a full and complete settlement of all property rights, now and hereafter existing between the parties hereto,

“NOW, THEREFORE, IT IS HEREBY AOREED that the Party of the Second Part shall have a one-half interest in the First Party’s…