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Family Law Keyed to Wadlington
Johnston v. Johnston
Citation:465 A.2d 436
The parties were married and lived together for 23 years prior to separating. After separating, they each retained counsel and negotiated an agreement to “effect a final and permanent settlement of their respective property rights.” The agreement was made in contemplation of divorce proceedings and provided that “this agreement shall not be merged in the [divorce] decree, but shall survive the [divorce decree] and shall be binding and conclusive on the parties for all time.” Mr. Johnston later filed a “Petition to Set Aside and Void Agreement” on the basis that consultations had disclosed he suffered from mental disease during the negotiations and execution of the Agreement which impaired his mental competency at that time.
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