•  
  •  
 

Abstract

This Note will identify how the majority in Higgins analyzed prior case law to derive a legal definition for the term "separate and apart." This Note will also serve as a caveat to the legal community. The Higgins decision resulted from the couple's failure to abide by the terms of a condition precedent that had been inserted into a property settlement provision of the separation agreement. The decision should be confined to its narrow facts. The case does however deserve close scrutiny. Application by subsequent courts of the Higgins ruling as precedent for the proposition that isolated acts of sexual intercourse destroy an entire separation agreement would seriously undermine legislative enactments and wreak havoc with regard to executed provisions of separation agreements.

Included in

Family Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.