Testa

Husband appeals a judgment on bifurcated issues claiming the court erred in finding a prior judgment vacating an interlocutory order of divorce automatically vacated the parties’ property settlement agreement.

Breaking up has not been easy for these parties. After unhappy differences arose in their seven-year marriage, wife signed a property settlement agreement on January 25, 1967. Five days later, husband filed for divorce. Wife was served in March and in April a default interlocutory judgment was granted in which the executed property settlement agreement was “approved and incorporated in this decree in all its terms and provisions by reference.”

The final was entered in 1968. The family residence had been awarded to husband, but he allowed wife and the children to continue to reside in it 1 until 1974, when wife would not let husband in the house. He then filed an order to show cause for custody and to enforce his rights for entry to the *321 residence. Wife countered with a motion to vacate the judgment of divorce. The parties reached an agreement and their respective motions were taken off calendar.

This was not a lasting resolution. Husband filed an unlawful…