The Pennsylvania Superior Court case of Annechino v. Joire provided a reminder and clarification to family law practitioners regarding the enforceability of property settlement agreements.
Donna Annechino and Kenneth Joire entered into a property settlement agreement May 15, 2001. On Aug. 2, 2001, a divorce decree was entered, divorcing the parties from the bonds of matrimony. Interestingly, Joire’s complaint in divorce did not contain a count for equitable distribution, nor did the divorce decree incorporate the parties’ property settlement agreement. After the parties’ divorce, Joire filed a petition to enforce the parties’ property settlement agreement. Annechino defended against Joire’s petition by claiming that the court did not have the authority to enforce the property settlement agreement because the agreement was not incorporated into the divorce decree and Joire’s complaint did not contain a count for equitable distribution. Annechino argued that Joire’s only remedy was a separate civil action in equity.
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