This section contains the nature of the case and procedural background.

Jacqueline (W) and Cyril (H) were married in 1988. This was the second marriage for each. A prenuptial agreement was signed. By 1993 things had deteriorated and the parties discussed separation and eventual divorce. They signed an agreement such that H would vacate the marital home and W agreed not to seek termination of the marriage for any reason other than 18 months continuous separation. H moved out. Contrary to the agreement, W filed for divorce just six months later on grounds of extreme cruelty. H filed a motion to dismiss the complaint to enforce the 18-month agreement. The agreement was upheld, and the complaint was dismissed. W appealed.

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