Virginia Circuit Court August 9, 2002, Case No. CH01-378 (Whelan v. Whelan)

By Judge William H. Ledbetter, Jr.

The question before the court is whether a property settlement agreement recorded during the commissioner’s evidentiary hearing is. valid and enforceable.

Background

The pertinent facts of this divorce case are as follows. Mr. and Mrs. Whelan married in 1979. Five children were born of the marriage, three of whom are minors. The parties separated on June 1, 2000.