Johnston v. Johnston

Edward Johnston (plaintiff) and Helen Johnston (defendant) negotiated, with independent counsel, a settlement agreement addressing support, property transfers, and trusts before Edward's divorce filing; the agreement was incorporated into the divorce decree but contained a non-merger clause stating it was intended to survive the decree and remain binding. Years later, Edward petitioned to void the agreement, claiming he lacked mental competency to sign it; Helen moved to strike, arguing the children were necessary parties given their reliance on the agreement, and the trial court granted her motion, finding Edward failed to show the agreement was based on fraud, mistake, or irregularity as state law required.