Griffith v. Superior Court

THE COURT.

A hearing was granted in this case after decision by the District Court of Appeal, Third Appellate District. Upon further consideration, we are satisfied with the determination thereof by the said court, and we hereby adopt the following portions of the opinion of Mr. Presiding Justice Pullen as part of the opinion of this court. It reads as follows:

“Petitioner herein seeks by this writ to review an order of the Superior Court modifying the terms of an interlocutory decree of divorce.

“Pending the divorce trial the parties entered into an agreement for a settlement of their property rights. This agreement, among other provisions, contained the following:

“ ‘It is mutually agreed between the parties hereto that the wife in consideration of the premises and in considera

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tion of the payment to her of $75.00, and $20.00 per month as hereinafter set forth, does by these presents, grant and convey unto the husband all the right, title and interest in and to all property now owned by the said husband and wife as community property; and in consideration for such release and conveyance by the said wife the said husband agrees to pay to the wife the sum of $75.00 plus the further sum of $20.00 per month in advance on the 10th. day of each calendar month commencing with the date hereof, and the wife hereby acknowledges receipt of the payment of said sum of $75.00, together with the further sum of $80.00 for said monthly payments otherwise due on the 10th. days of July, August, September and October, 1930.’ And,

“ ‘It is further agreed that in the event of the remarriage or death of the wife, that the aforesaid monthly payments of $20.00 shall terminate as of the date of such remarriage or death.’

“Upon her part the wife released the husband from any debts or liabilities owing by each to the other except the payments above set forth; release any right, interest or title as heir at law or otherwise to any property of the husband and waived any claim to contest or oppose the will of the husband or right to homestead allowance, and agreed that in any divorce proceedings pending or hereafter to be brought she would not have the right to recover costs, counsel fees, alimony, support or maintenance, thereby waiving all claims thereto and any claim for future maintenance or support, the agreement being intended as a complete adjustment of all property rights.