Leeds v. Leeds

Plaintiff’s complaint asks for a judgment of separation based upon refusal to provide, and cruelty. Defendant’s answer asserts, by way of a separate defense, the existence of a valid and enforcible contract of separation. By reply plaintiff asserts that the separation agreement is illegal, unenforcible, and void, because: (1) it contravenes public policy in that it attempts to relieve the husband of his obligation to support his wife; and (2) it was obtained by duress. No prayer for a decree avoiding the separation agreement was contained in the complaint.

If a separation agreement attempts to…