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BARNES v. BARNES

Record No. 821956.

340 S.E.2d 803 (1986)

Judith M. BARNES v. Gerald E. BARNES.

Supreme Court of Virginia.

March 7, 1986.

Attorney(s) appearing for the Case

Robert G. Culin, Jr., Fairfax, for appellant.

Edward R. Johnson, Fairfax, for appellee.

Present: All the Justices.

COCHRAN, Justice.

The novel question presented in this appeal is whether a party to a separation agreement may rescind the agreement upon discovering marital misconduct by the other party that occurred prior to the separation.

Judith and Gerald Barnes, each represented by counsel, negotiated a separation agreement dated December 8, 1980, under which Gerald agreed to pay Judith $800 twice each month until a final agreement is reached, or an award of support...

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