Carter v. Carter
In Carter v. Carter, 18 Va. App. 787, 447 S.E.2d 522 (1994), the Court ruled that "by seeking and accepting discharge in bankruptcy from his obligation under the property settlement agreement, the spouse repudiated the agreement . . . and thereby failed in the due performance of his obligation thereunder, giving the other spouse the right to seek rescission pursuant to the terms of the agreement." Id. at 790, 447 S.E.2d at 523.
Thus, the Court upheld the trial judge's order rescinding the agreement and granting of a monetary award as a distribution of the marital assets of the party. See 18 Va. App. at 788-89, 447 S.E.2d at 523.