...abatement but not a forgiveness, the husband brought error. Affirmed. 2. Marriage Settlement Agreements — Decree — Incorporation — Statute. C.R.S. 1963, 46-1-5 provides for the incorporation of marriage settlement agreements into divorce decree. 3. Marriage Settlement Contract — Change...— Incorporation — Decree — Effect. There is no change in the relationship of the parties to the marriage settlement contract by virtue of its adoption...and incorporation into the divorce decree, nor of the force and effect of the terms thereof. 4. Marriage Settlement Agreement — Incorporation — Merger — Decree — Legal Effect. The marriage settlement agreement, to the extent that it is incorporated into the divorce decree, merges into such decree; and the legal effect of this is that judgment remedies become available to the parties, in lieu of contract remedies...

... 2. HUSBAND AND WIFE — Marriage Settlement Contract — Property Settlement — Child Support — Significant Distinction — Trial Court — Treat Separately. Where marriage settlement contract provides...the court was powerless to approve a cessation of payments, because to do so would be to modify a marriage settlement contract which was...emancipated as a matter of fact. [2,3] Where a marriage settlement contract provides for both property settlement between the parties and child support, we hold that there is such a...

...just. "Section 5. Courts shall have jurisdiction to enforce specifically the terms and payments provided in marriage settlement contract and separate maintenance agreements..., heretofore or hereafter entered into whether the parties have been divorced or not. "Section 6. Such marriage settlement contract or separate maintenance agreement heretofore or...concerning, affecting or involving in any way, such marriage settlement, separate maintenance agreement or decree of separate maintenance. "If, in any action heretofore brought to enforce any of the terms, payments or conditions of a separate maintenance agreement or marriage settlement contract, specific...

..., and according to a written marriage settlement contract included in the decree and adopted and made a part thereof, the plaintiff was to pay the premiums on certain life insurance policies which.... Plaintiff testified that the marriage settlement contract, which was incorporated into the decree, was based upon an average annual adjusted gross income of $36,000. His gross income has been as...cross-defendant approximately the sum of $164.06 per month. "C. That the cross-defendant has remarried, and he has a child by this marriage...

...the will is grounded upon a marriage settlement contract entered into by the parties. George H. Welsh, in his own right, and as executor of the estate, appellant, contends that the marriage contract was...marriage settlement contract, together with the certificate of the notary of the acknowledgment thereof, are set out in full: "Grafton, W. Va., March 25, 1932. "This...unnecessary to its validity. We think the question of whether the marriage settlement contract is to be considered as being antenuptial or postnuptial can be of little significance, however, in view of our...

...." Although the primary definition relates to a prenuptial agreement, Black's suggests that a postnuptial agreement would also be a marriage settlement. A rather confining definition of a marriage settlement is used by W. J. Brockelbank in his treatise on Idaho community property law. Dr. Brockelbank wrote: While the term "marriage settlement" may here include a contract that..., 232 P. at 897. Although (as Larry argues) Hay did not involve the application of I.C. § 32-917, it clearly treated an agreement in contemplation of divorce as a marriage settlement. Likewise, in 1959 this Court referred to a settlement agreement made in contemplation of divorce as a "marriage settlement contract." See...settlement contract included in the decree and made a part thereof." Id. at 513, 335 P.2d at 343. It again noted that "the marriage...

...such an agreement neither it nor the prenuptial agreement was consummated, pointing out that it has been held that marriage is not such an execution of an oral marriage settlement contract as will...will.) At the time of the marriage decedent owned considerable real and personal property and she "orally agreed with him [plaintiff] that if they were married, all of her property would become community...property and would become his property at her death. "After the marriage of plaintiff and said decedent, she orally declared to plaintiff and to others that by reason of said...

.... Section 29, chapter 56, volume 2, '35 C. S. A., S. L. '33, p. 445, § 5, provides as follows: "Courts shall have jurisdiction to enforce specifically the terms and payments provided in marriage settlement contract and...longer be responsible under this contract and agreement for Josephine's support and maintenance, and on this said date, July 27, A. D. 1938, or thereafter, the husband shall be privileged to petition the...court for a reformation of the terms and provisions of this contract pertaining to the monthly amount to be paid the wife, and seek and have...

...and circumstances the rights of the parties are controlled by the original judgment of May 21, 1946, which, as we have heretofore indicated, includes their marriage settlement contract and requires...— Marriage Settlement — Agreement Made a Part of Divorce Decree — Effect on Statutory Authority. In this jurisdiction, where a husband and wife have entered into a marriage settlement whereby they...decisive question involved in this appeal is whether, after a husband and wife have entered into a marriage settlement whereby they agree upon a division of property as between themselves and payments...

...the tax refund provision in the marriage settlement contract was ambiguous. Linda further contends that the accounting firm specified in...would receive the tax refund. On appeal, Linda argues that the marriage settlement contract is unambiguous. Linda contends that the parties designated the accounting firm, Bregante and Company, to...determination, no such limitation can be read into the language of the marriage settlement contract. This interpretation is consistent with the general contractual duty to act in...

...performance; (2) the 2 and 4 years statutes of limitation; (3) Mrs. Dickson Falvey released Dr. Falvey from the marriage settlement contract and said contract was abondoned by both parties. From the...the marriage settlement contract by Mrs. Dickson Falvey so as to release Dr. Falvey from its terms. He did not so regard it as it shown by his continuing to make payments until the year of 1929.... We are also satisfied that the evidence does not show as a matter of law, that Mrs. Dickson Falvey released Dr. Falvey from the marriage settlement contract or that said contract was...

...point: "Courts shall have jurisdiction to enforce specifically the terms and payments provided in marriage settlement contract and separate maintenance agreements, heretofore or hereafter entered into...agreement, we know of no rule compelling either party to surrender to the other all of the rights incident to the marriage status in order to make the contract valid. From the execution of the contract...agreements and transfers of property, one to the other by the parties to a postnuptial agreement, constitute a sufficient consideration for the contract. 2. Household Expenses...

...which creditors were involved. However, in American Trust Banking Co. v. Twinam, supra, a marriage settlement contract was involved. Now in the instant case, we think that it was the...: "When the contract of insurance has matured by the death of the insured, and the proceeds of the insurance have been assigned irrevocably by his will to a person other...

.... "As stated, the Chancellor's conclusion was based upon the fact that the policy sued on was not identified in the marriage settlement contract nor in the divorce decree...marriage settlement contract was dated September 3, 1932, and the decree of divorce, October 22, 1932. "Thereafter, on November 21, 1932, an amendment was entered on the face of the...husband, whether insured intended to identify such policy as that referred to in property settlement contract, adopted by divorce decree and providing that policy should be kept in force in...

...upon her, as he insists. It reads: "5. That the parties hereto have entered into a marriage settlement contract adjusting all of their community property rights and the duty of defendant to support...the complaint read: "that the Court approve, adopt and confirm the marriage settlement contract heretofore entered into, and for such other relief as shall be meet and just." The.... While matters stood thus and under date of July 15, 1948, one day before the filing of her complaint in divorce, the parties entered into a marriage settlement agreement in which the husband, Andres...

...settlement contract entered into at the time of granting the divorce, which purports to release her husband, Howard McKee, and the members of his family, without naming them, from further liability...said marriage; that plaintiff in error and Howard McKee lived happily together until the latter part of the year 1927. The petition further alleges that defendant, Sam H. McKee, was wealthy, furnished...filed, and on the 2nd day of October, 1928, plaintiff and her husband, Howard McKee, were granted a divorce, and plaintiff was awarded $10,000 and certain personal effects as a property settlement...

...her complaint the following: "Plaintiff further respectfully states that she was induced by the fraudulent promises of the defendant to sign the marriage settlement contract and to...fulfill, in whole or in part, any of his promises and agreements contained in the marriage settlement contract dated June 22, 1936, attached hereto. "b. That as an inducement for...settlement. This was followed by two visits to the attorney. The parties, without the aid or interference of attorneys, orally agreed to the following property settlement: That the...

...become possessed of ample means and is desirous of making suitable provision for Mrs. Ross in lieu of the provisions in her favor contained in said contract of marriage settlement, and Mrs. Ross is willing to renounce and revoke the provisions of said marriage settlement in her favor and to accept in lieu thereof the provisions for her benefit and support hereinafter contained in this agreement." Mrs. Ross then expressly revoked all conditions or provisions contained in the contract of...the said contract of marriage settlement dated January 28th, 1902, and does for herself, her heirs, executors and administrators and assigns renounce any and all benefits which might accrue to her...under the provision of said marriage settlement. Though the validity of the conveyance in trust be determined by the law of the State of New York, there can be no doubt that the validity of the provisions of the agreement for the revocation of the contract of...

...paid the annuity of three thousand dollars. In view of the conclusions herein, it is not necessary to pass on the question whether the antenuptial agreement is a "marriage contract" (Civ. Code, sec. 1299), or a "marriage settlement contract...testator, the will is revoked, unless provision has been made for her by marriage contract, or unless she is provided for in the will, or in such way mentioned therein as to show an intention not to...marriage contract. Excluding that clause, the section contemplates these conditions: (1) An antenuptial will; (2) A subsequent marriage; (3) The death of the testator; (4) The survival of the wife...

...maintenance, it being stated therein that they are not "* * * to be admitted in evidence in any proceeding to enforce, or concerning, affecting or involving in any way, such marriage settlement, separate maintenance agreement, or decree of separate maintenance." A further statute, section 29, chapter 56, '35 C. S. A. being: "Courts shall have jurisdiction to enforce specifically the terms and payments provided in marriage settlement contract and...judgment." Plaintiff and defendant were married at Cherokee, Oklahoma, May 29, 1923, and of the marriage three children were born, two of whom are of age and the youngest, a son...termination of the marriage relation. It might have so ended in the instant case had the defendant not further participated in the separate maintenance action. Feeling fortified with a decree of divorce, he...