JACOBS, Judge:
This is an appeal from an order dismissing appellant Barbara J. Weiss Lurie’s complaint in equity on the ground that the property settlement agreement which the [310]*310complaint sought to enforce was invalid and unenforceable because against public policy. We reverse.
On June 2, 1975, while married but living separate and apart, appellant and appellee entered into the property settlement agreement which is the subject of this appeal. The terms of the agreement provided that appellee was to transfer to appellant certain real and personal property, conditioned “[u]pon and in the event of the entry or issuance of a final decree in divorce . . . ” within four months of the date of the agreement. A cash payment of $23,000.00, “in full payment to wife for the release by her of such property rights as she may have in jointly or separately owned property . . . ” was conditioned as set forth above and was additionally conditioned upon tender of “such resignations as may be requested of her by husband from any position she may presently occupy as Trustee, Officer and/or Director of any trust, corporation or other entity in which husband may be involved as a principal or otherwise. . . . ” In the event that a divorce decree was not entered within four months, the agreement was to become null and void and the parties remitted to the appropriate court for determination of their status. The agreement provided that the parties could extend the four month period by agreement in writing. In the event that the resignations were not tendered appellant was to forfeit the $23,000.00 payment, irrespective of compliance with the four month condition.
Appellant instituted an action for divorce a. v. m. on July 1, 1975, a master’s hearing was held, and, on October 14, 1975, a master’s report was filed. In November, 1975, while the master’s report was awaiting action by the lower court, appellant requested a sixty day extension of the four month period. She was advised by letter dated November 17, 1975 that appellee would not consent to an extension. On November 18, 1975 she filed her complaint in equity, admitting that a divorce decree had not been entered within four months but averring that [311]*311appellee should nevertheless be required to comply with the terms of the property settlement agreement. An order was then entered and continued after hearing enjoining the escrow agent from returning items held by him under the terms of the agreement until further order of court. Appellee’s answer and new matter were filed shortly thereafter, averring that pursuant to its terms, the agreement had become null and void because a divorce decree had not been entered within the four months specified in the agreement. Appellant’s reply to new matter countered appellee’s defense with allegations that time was not of the essence of the agreement and that, alternatively, the breach was de minimus. In the interim, a final decree in divorce was granted.
A further hearing was held on December 31, 1975 before Judge GATES, specially presiding. At that hearing the validity of the property settlement agreement was raised sua sponte and the court requested that the parties submit briefs on the agreement’s legality and enforceability. Following oral argument, the lower court held that the agreement was “patently illegal” and unenforceable by a court of equity. In its opinion the court below concluded that the agreement was against public policy and therefore illegal and unenforceable because it was “obviously a collusive agreement” and because it was “directly conducive to the procurement of a divorce.” An order dismissing appellant’s complaint was entered on February 12,1976. This appeal followed.
The law is well settled that an agreement as to support, alimony, or an adjustment of property rights between a husband and wife is perfectly proper, valid and legal even though made in contemplation of divorce. Stern v. Stern, 430 Pa. 605, 243 A.2d 319 (1968); Dora v. Dora, 392 Pa. 433, 141 A.2d 587 (1958); Zlotziver v. Zlotziver, 355 Pa. 299, 49 A.2d 79 (1946); American Nat’l Bank of Camden v. Kirk, 317 Pa. 551, 177 A. 801 (1935); Miller v. Miller, 284 Pa. 414, 131 A. 236 (1925); Greene v. Greene, 150 Pa.Super. 182, 27 A.2d 525 [312]*312(1942). Furthermore, our courts have held that the mere fact that a support or property agreement is to be performed “only if a divorce decree is entered, or that it is to be inoperative if a divorce is denied or if the plaintiff fails to obtain it by a certain date, does not establish that it is contrary to public policy. . . . ” Dora v. Dora, supra, 392 Pa. at 438, 141 A.2d at 591. See Stern v. Stern, supra; Miller v. Miller, supra; see also Weiss v. Weiss, 97 Montg. 54 (Pa.C.P.1973), aff’d per curiam, 458 Pa. 617, 319 A.2d 160 (1974).
The agreement at issue here, which was clearly entered into in anticipation of divorce, was therefore not illegal because made in “contemplation of divorce.” Nor was it rendered illegal by the fact that it was conditioned upon the obtaining of a divorce by one of the parties within four months.
Nonetheless, a contract is illegal if it has for its object the procurement of a divorce, as where one spouse agrees to institute a divorce action. Dora v. Nora, supra; Zlotziver v. Zlotziver, supra; Mathiot’s Estate, 243 Pa. 375, 90 A. 139 (1914); Commonwealth ex rel. Miller v. Miller, 176 Pa.Super. 64, 106 A.2d 627 (1954); Doering v. Doering, 157 Pa.Super. 9, 41 A.2d 358 (1944). The instant agreement is not illegal on the above basis either; the property settlement agreement entered here does not contain a provision requiring either party to initiate a divorce action and no agreement obligating either party to refrain from contesting a divorce action initiated by the other appears therein.1 Ap[313]*313pellee does not contend, nor did the court below hold, that this agreement was a contract to procure a divorce.
However, our courts have also held that a property settlement agreement made in anticipation or contemplation of divorce is not only illegal where the object of the agreement is the procurement of divorce but also where the contract is “directly conducive to divorce.” Otherwise stated, contracts tending to facilitate a divorce, although not made for the sole purpose of obtaining a divorce, are illegal. See, Stern v. Stern, supra. Our decisions contain specific examples of contracts which have been deemed directly conducive to or tending to facilitate the procurement of a divorce. These include agreements which provide that one of the spouses will not present a defense to an action for divorce by the other, see Gershman v. Metropolitan Life Ins. Co., 405 Pa. 585, 176 A.2d 435 (1962); American Nat’l Bank of Camden v. Kirk, supra; Shannon’s Estate, 289 Pa. 280, 137 A. 251 (1927); Miller v. Miller,
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JACOBS, Judge:
This is an appeal from an order dismissing appellant Barbara J. Weiss Lurie’s complaint in equity on the ground that the property settlement agreement which the [310]*310complaint sought to enforce was invalid and unenforceable because against public policy. We reverse.
On June 2, 1975, while married but living separate and apart, appellant and appellee entered into the property settlement agreement which is the subject of this appeal. The terms of the agreement provided that appellee was to transfer to appellant certain real and personal property, conditioned “[u]pon and in the event of the entry or issuance of a final decree in divorce . . . ” within four months of the date of the agreement. A cash payment of $23,000.00, “in full payment to wife for the release by her of such property rights as she may have in jointly or separately owned property . . . ” was conditioned as set forth above and was additionally conditioned upon tender of “such resignations as may be requested of her by husband from any position she may presently occupy as Trustee, Officer and/or Director of any trust, corporation or other entity in which husband may be involved as a principal or otherwise. . . . ” In the event that a divorce decree was not entered within four months, the agreement was to become null and void and the parties remitted to the appropriate court for determination of their status. The agreement provided that the parties could extend the four month period by agreement in writing. In the event that the resignations were not tendered appellant was to forfeit the $23,000.00 payment, irrespective of compliance with the four month condition.
Appellant instituted an action for divorce a. v. m. on July 1, 1975, a master’s hearing was held, and, on October 14, 1975, a master’s report was filed. In November, 1975, while the master’s report was awaiting action by the lower court, appellant requested a sixty day extension of the four month period. She was advised by letter dated November 17, 1975 that appellee would not consent to an extension. On November 18, 1975 she filed her complaint in equity, admitting that a divorce decree had not been entered within four months but averring that [311]*311appellee should nevertheless be required to comply with the terms of the property settlement agreement. An order was then entered and continued after hearing enjoining the escrow agent from returning items held by him under the terms of the agreement until further order of court. Appellee’s answer and new matter were filed shortly thereafter, averring that pursuant to its terms, the agreement had become null and void because a divorce decree had not been entered within the four months specified in the agreement. Appellant’s reply to new matter countered appellee’s defense with allegations that time was not of the essence of the agreement and that, alternatively, the breach was de minimus. In the interim, a final decree in divorce was granted.
A further hearing was held on December 31, 1975 before Judge GATES, specially presiding. At that hearing the validity of the property settlement agreement was raised sua sponte and the court requested that the parties submit briefs on the agreement’s legality and enforceability. Following oral argument, the lower court held that the agreement was “patently illegal” and unenforceable by a court of equity. In its opinion the court below concluded that the agreement was against public policy and therefore illegal and unenforceable because it was “obviously a collusive agreement” and because it was “directly conducive to the procurement of a divorce.” An order dismissing appellant’s complaint was entered on February 12,1976. This appeal followed.
The law is well settled that an agreement as to support, alimony, or an adjustment of property rights between a husband and wife is perfectly proper, valid and legal even though made in contemplation of divorce. Stern v. Stern, 430 Pa. 605, 243 A.2d 319 (1968); Dora v. Dora, 392 Pa. 433, 141 A.2d 587 (1958); Zlotziver v. Zlotziver, 355 Pa. 299, 49 A.2d 79 (1946); American Nat’l Bank of Camden v. Kirk, 317 Pa. 551, 177 A. 801 (1935); Miller v. Miller, 284 Pa. 414, 131 A. 236 (1925); Greene v. Greene, 150 Pa.Super. 182, 27 A.2d 525 [312]*312(1942). Furthermore, our courts have held that the mere fact that a support or property agreement is to be performed “only if a divorce decree is entered, or that it is to be inoperative if a divorce is denied or if the plaintiff fails to obtain it by a certain date, does not establish that it is contrary to public policy. . . . ” Dora v. Dora, supra, 392 Pa. at 438, 141 A.2d at 591. See Stern v. Stern, supra; Miller v. Miller, supra; see also Weiss v. Weiss, 97 Montg. 54 (Pa.C.P.1973), aff’d per curiam, 458 Pa. 617, 319 A.2d 160 (1974).
The agreement at issue here, which was clearly entered into in anticipation of divorce, was therefore not illegal because made in “contemplation of divorce.” Nor was it rendered illegal by the fact that it was conditioned upon the obtaining of a divorce by one of the parties within four months.
Nonetheless, a contract is illegal if it has for its object the procurement of a divorce, as where one spouse agrees to institute a divorce action. Dora v. Nora, supra; Zlotziver v. Zlotziver, supra; Mathiot’s Estate, 243 Pa. 375, 90 A. 139 (1914); Commonwealth ex rel. Miller v. Miller, 176 Pa.Super. 64, 106 A.2d 627 (1954); Doering v. Doering, 157 Pa.Super. 9, 41 A.2d 358 (1944). The instant agreement is not illegal on the above basis either; the property settlement agreement entered here does not contain a provision requiring either party to initiate a divorce action and no agreement obligating either party to refrain from contesting a divorce action initiated by the other appears therein.1 Ap[313]*313pellee does not contend, nor did the court below hold, that this agreement was a contract to procure a divorce.
However, our courts have also held that a property settlement agreement made in anticipation or contemplation of divorce is not only illegal where the object of the agreement is the procurement of divorce but also where the contract is “directly conducive to divorce.” Otherwise stated, contracts tending to facilitate a divorce, although not made for the sole purpose of obtaining a divorce, are illegal. See, Stern v. Stern, supra. Our decisions contain specific examples of contracts which have been deemed directly conducive to or tending to facilitate the procurement of a divorce. These include agreements which provide that one of the spouses will not present a defense to an action for divorce by the other, see Gershman v. Metropolitan Life Ins. Co., 405 Pa. 585, 176 A.2d 435 (1962); American Nat’l Bank of Camden v. Kirk, supra; Shannon’s Estate, 289 Pa. 280, 137 A. 251 (1927); Miller v. Miller, supra, that no appeal will be taken or exceptions filed, see Glennon v. Glennon, 92 Pa.Super. 94 (1927), or that one spouse will furnish evidence or aid the initiator of a divorce, see Miller v. Miller, supra; Glennon v. Glennon, supra.
Although the agreement presently before this Court did not contain an agreement not to defend, an agree[314]*314ment not to appeal, or an agreement to provide aid or evidence, the lower court, in its opinion, concluded that this contract’s terms were “directly conducive to divorce.” The court below held, and appellee argues, that the agreement provided “incentives” and “inducements” to the wife-appellant to seek a divorce within four months.
The question whether an agreement is a contract to procure a divorce or is a contract which is “directly conducive to divorce” is “a question of law to be passed upon by the court on the basis of the terms of the written instrument.” Dora v. Dora, supra, 392 Pa. at 438, 141 A.2d at 591. In holding that, as a matter of law, the terms of the agreement provided incentive for the wife to seek a divorce, the lower court observed that appellant was to receive the aforementioned $23,000.00, attorney’s fees, the couple’s house and its furnishings, and an automobile. The lower court also noted that the agreement provided for payment of support prior to any divorce decree and for child support and alimony thereafter. Implicit in the lower court’s holding is the conclusion that what the wife was to receive under the agreement was in excess of what she might ordinarily expect and that the generosity of the settlement was disguised consideration for her prompt initiation of a divorce action.
While we recognize that some aspects of the agreement might have been a factor in appellant’s timely institution of a divorce action, we do not agree with the lower court’s tacit conclusion that the agreement was so one-sided that it provided unstated consideration for appellant to seek a divorce. On its face, the contract contains independent mutual covenants and obligations and not “incentives” to seek a divorce.
Although the agreement provides that appellee will pay appellant $23,000.00, that payment was not to be made without recompense to appellee. In return for the $23,000 payment, as is noted supra, the agreement provided that appellant shall “execute such resignations as [315]*315may be requested of her by Husband from any position she may presently occupy as Trustee, Officer and/or Director of any trust, corporation, or other entity in which Husband may be involved as a principal or otherwise.” Moreover, it was further provided that “ [¶] ailure or refusal of Wife to execute such resignation or resignations” worked a forfeiture of the $23,000 payment, irrespective of compliance with the four month requirement.
Appellant was also to receive a conveyance of appellee’s tenancy by the entireties interest in the family home. However, appellant was to pay costs incident thereto and to thereafter assume all liability for charges and for the mortgage, thus releasing appellee from his obligations with regard to the house. Additionally, this provision must be read in conjunction with the agreement’s presumption that the four children would reside with appellant. By transferring the family home to appellant, appellee accomplishes the practical step of providing housing for the children while shifting the financial responsibility therefor to appellant. The provisions calling for transfer of personalty and the automobile are a similarly practical exchange of property and obligations which take into account the welfare and support of the children. The provisions calling for child support and alimony, while perhaps more generous than could be obtained by decree, are not patently inducive. Finally, the provision for the payment of $750.00 for attorney’s fees is made in conjunction with a release of appellee from all claims for past, present, or future support, maintenance, alimony pendente lite and costs and is made “in full payment of any and all obligations of Husband for Wife’s counsel fees and expenses . . . .” In view of the fact that the single $750.00 payment releases appellee completely from past and future responsibility on these matters, this provision is favorable to appellee, not to appellant.
[316]*316 After careful review of the case law, we conclude that the lower court’s application of law to these facts was erroneous. We perceive a clear distinction between contracts which have provisions that directly facilitate divorce in the sense that they remove impediments to obtaining a decree and those contracts which provide for a bona fide adjustment of property rights but contain provisions which may be collaterally inducive to an earlier institution of divorce proceedings by a spouse having valid grounds. The contract before us contains provisions of the latter type in that it provides primarily for the adjustment of property rights but is collaterally conducive to divorce because only operative in the event of a decree within four months. “While a contract which is substantially promotive of divorce is void, a contract which is entered into without collusion is not rendered void merely because one factor is inducing a party who has a good cause for divorce to proceed with dispatch to obtain it.” 24 Am.Jur.2d, Divorce and Separation, § 894 (1966). There is no evidence of collusion here and we can assume that appellant had grounds for divorce; a decree of divorce was granted, see Stern v. Stern, supra, 392 Pa. at 610,243 A.2d at 321.
Order reversed with a procedendo.
SPAETH, J., files a concurring opinion.
PRICE, J., dissents.