Hecht

The parties hereto being unable to consummate a property settlement during the pendency of their divorce action, entered into a stipulation approved by the court on September 7, 1960, for support of their children, respondent-wife, and otherwise affecting but not completing a disposition of their property rights.

On July 11, 1961, an interlocutory decree of divorce was granted to respondent-wife which, among other things, reserved to the court for its determination the issues of alimony, child support, the division of community property of the parties, attorneys ’ fees, etc.

A final judgment of divorce was entered on August 31, 1962.

Respondent-wife remarried in September 1962 and appellant-husband remarried in October 1962.

A property settlement agreement was finally executed as of April 24, 1963 (settlement). The settlement was incorporated in haec verla in an order of the court dated June 28, 1963. The pertinent portion thereof is as follows:

It is conceded by both parties that the settlement is an integrated one.

Appellant, relying on a 1961 amendment to section 139 of the Civil Code and on Heller v. Heller, 230 Cal.App.2d 679 [ 41 Cal.Rptr. 177 ], seeks to modify the…