No. FST-FA-06-4008925 S
January 29, 2008
MEMORANDUM OF DECISION ON THE DEFENDANT'S MOTION #160 FOR THE DETERMINATION OF THE VALIDITY OF THE POST-NUPTIAL AGREEMENT
The court denies the defendant's motion dated October 9, 2007 to determine the validity of agreement. The court recognizes that bifurcation of issues and claims is a valid device to promote judicial convenience and within the discretion of the court to promote such judicial efficiency and economy. Federal Rules of Civil Procedure, Rule 42b and Reichhold Chemicals v. Hartford Accident and Indemnity Co., 243 Conn. 401 citing Vichare v. Ambac, Inc., 106 F.3d, 457, 466 (2nd Cir. 1966). This case has a return date of April 25, 2006. Property distribution, the validity of the post-nuptial agreement, custody of the minor children and the defendant's relocation to Germany with the minor children remain as outstanding and fully contested issues in this litigation. To allow bifurcation at this time would unduly delay the resolution of these issues resulting in extreme prejudice to the children and the parties. Motion denied.