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Keywords

settlementtrialdivorcesustained
settlementtrialdivorcesustained

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Kloeti, Matter of

Facts

The parties were married on December 5, 1992 and separated on or about November 17, 1996. On March 29, 1997, the parties executed a property settlement agreement, which was incorporated into a final decree of divorce on April 20, 1998. Husband sought to have the agreement declared null and void in a bill of complaint filed on August 10, 1999, and in a subsequent amended bill of complaint filed December 21, 1999. The trial court sustained wife's demurrer to both the initial bill and the amended bill of complaint.

The parties were married on December 5, 1992 and separated on or about November 17, 1996. On March 29, 1997, the parties executed a property settlement agreement, which was incorporated into a final decree of divorce on April 20, 1998. Husband sought to have the agreement declared null and void in a bill of complaint filed on August 10, 1999, and in a subsequent amended bill of complaint filed December 21, 1999. The trial court sustained wife's demurrer to both the initial bill and the amended bill of complaint.

Issue

Whether the trial court erred in sustaining the demurrer to the husband's bill of complaint asking the court to declare the parties' separation agreement null and void.

Whether the trial court erred in sustaining the demurrer to the husband's bill of complaint asking the court to declare the parties' separation agreement null and void.

Rule

In order to challenge the validity of a separation agreement that has been incorporated into a divorce decree, the challenge must be brought within twenty-one days after the entry of the divorce decree. A final and conclusive judgment that is void may be attacked in any court, at any time, directly or collaterally.

In order to challenge the validity of a separation agreement that has been incorporated into a divorce decree, the challenge must be brought within twenty-one days after the entry of the divorce decree. A final and conclusive judgment that is void may be attacked in any court, at any time, directly or collaterally.

Analysis

The court applied the rule by determining that the husband's allegations did not support a claim of extrinsic fraud, as they pertained to matters that could have been raised during the divorce proceeding. The court noted that claims of fraud in the procurement of the agreement, duress, undue influence, and unconscionability were intrinsic to the divorce proceedings and thus could not be used to challenge the validity of the separation agreement.

The facts alleged do not support a claim of extrinsic fraud. Each of husband's challenges pertains to matters that could have been raised during the divorce proceeding. See Taylor, 159 Va. at 344, 165 S.E. at 415. The parties placed the validity of the agreement at issue by asking the court to incorporate the agreement into the final divorce decree.

Conclusion

The court affirmed the trial court's decision to sustain the wife's demurrer, concluding that the husband's bill of complaint failed to support a cause of action for extrinsic fraud.

Because husband failed to allege facts sufficient to sustain a claim of extrinsic fraud, we affirm the trial court's decision to sustain the wife's demurrer.

Who won?

Cynthia H. Ellett (wife) prevailed because the court found that the husband's allegations did not constitute extrinsic fraud and were matters that could have been raised during the divorce proceeding.

Cynthia H. Ellett (wife) prevailed because the court found that the husband's allegations did not constitute extrinsic fraud and were matters that could have been raised during the divorce proceeding.

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