Husband Mentally Incompetent to Execute Marital Agreement

In the case of Bailey v. Bailey, the Virginia Court of Appeals, in a published opinion, ruled that a trial court correctly refused to enforce a marital agreement purporting to transfer all marital assets to wife and all marital debts to husband upon divorce.  The husband – a schizoaffective psychotic on weekend furlough from a psychiatric ward of a hospital – lacked the requisite mental competence to execute the agreement.