MARVIN MANDEL, Governor

355

Any deed or agreement made between husband and wife
respecting ALIMONY, support, maintenance, property
rights, or personal rights, or any settlement made in
lieu of ALIMONY, support, maintenance, property rights or
personal rights shall be valid, binding and enforceable
to every intent and purpose, and [such] THE deed or
agreement [[shall]] MAY not be a bar to an action for
divorce, either a vinculo matrimonii or a mensa et thoro,
as the case may be, whether the cause for divorce existed
at the time or arose prior or subsequent to the time of
the execution of [said] THE deed or agreement, or whether
at the time of making [such] THE deed or agreement the
parties were living together or apart[; provided, that].
HOWEVER, whenever any [[such]] deed or agreement shall
make provision for or in any manner affect the care,
custody, education or maintenance of any infant, child or
children of the parties, [or shall make provision for or
in any manner affect support, maintenance, property
rights, or personal rights between the husband and wife,]
the court [shall have] HAS the right to modify [such] THE
deed or agreement in respect to [such] THE infants as to
the court may seem proper, looking always to the best
interests of [such] THE infants[, or]. FURTHERMORE, ANY
PROVISION IN THE DEED OR AGREEMENT in respect to ALIMONY,
support[,] AND maintenance[, property rights, or personal
rights between] OF the husband [and] OR wife IS SUBJECT
TO MODIFICATION BY THE COURT TO THE EXTENT THE COURT
DEEMS JUST AND PROPER regardless of the manner in which
the provisions WITH RESPECT TO THE ALIMONY, SUPPORT AND
MAINTENANCE are expressed or stated unless THERE IS AN
EXPRESS WAIVER OF ALIMONY, SUPPORT AND MAINTENANCE BY THE
HUSBAND OR WIFE OR UNLESS the provisions of the deed,
agreement, or settlement specifically state that [they]
THE PROVISIONS WITH RESPECT TO THE ALIMONY, SUPPORT AND
MAINTENANCE OF THE HUSBAND OR WIFE are not subject to any
court modification.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall not be construed or interpreted to have any effect
upon or application to any deed, agreement or settlement
occurring prior to the effective date of this Act.

SECTION [[2]] 3. AND BE IT FURTHER ENACTED, That
this Act is hereby declared to be an emergency measure
and necessary for the immediate preservation of the
public health and safety and having been passed by a yea
and nay vote supported by three-fifths of all the members
elected to each of the two Houses of the General
Assembly, the same shall take effect from the date of its
passage.

Approved April 13, 1976.