COURT OF APPEALS OF VIRGINIA
Present: Judges Bumg ardner, Felton and Haley Argued at Richmond, Virginia

RICHARD C. SHULTZ MEMORANDUM OPINION * BY v. Record No. 2684-04-2 J UDGE RUDOLPH BUMGARDNER, III JUNE 28, 2005 BEVERLY P. SHULTZ

FROM THE CIRCUIT COURT OF NORTHUMBERLAND COUNTY Joseph E. Spruill, Jr ., Judge Designate Richard C. Shultz, pro se . James C. Breeden (Pamela C. Russ ell; Breeden & Breeden, on brief), for appellee.
Richard C. Shultz appeals the decision that the parties had a binding agreement that required no interpretation and that dismissed the cau se from the docket. We conclude the record on appeal is inadequate to address the i ssue presented and dismiss the appeal. The parties married in 1979, and the wife filed for divorce September 7, 2001. She attached to her bill of complain t a one-page agreement, dated Ju ly 26, 1997, that stated neither party claimed any marital rights in the other’s property. The trial court entered a decree of divorce March 18, 2003. It held ore tenus hearings May 20, 2003 and October 19, 2004 to determine the validity of the parties’ agreement. At the hearing May 20, 2003, it determined the agreement was binding but continued the case to construe it. At the October 19, 2004 hear ing, the trial court confir med its ruling that the

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.- 2 - agreement was valid and binding, but it ruled there was “nothing further to be done” and removed the cause from the docket. Th e husband appeals from that decision. Neither evidentiary hearing on the validity of the agreement was transcribed. The statement of facts submitted by the husband does not address the proceedings at the ore tenus hearings. It contains none of th e evidence, arguments, or objecti ons presented by the parties. The husband has the burden to provide an adequate record for appellate review. Anderson v. Commonwealth , 251 Va. 437, 439, 470 S.E.2d 862, 863 (1996) (inadequate record to consider estoppel claim). A pa rty must “establish that the issue[] appealed . . . [was] raised in the trial court by an objection with a statement of the reasons therefor.” Lee v. Lee , 12 Va. App. 512, 516, 404 S.E.2d 736, 738 (1991) ( en banc ). See Rule 5A:18. “If an insufficient record is furnished, the judgment appealed from will be affirmed.” White v. Morano , 249 Va. 27, 30, 452 S.E.2d 856, 858 (1995). Without an adequate record of what transpir ed before the trial court, “we must dismiss the appeal on the ground that the record on appe al is insufficient to fairly and accurately determine the issues presented.” Turner v. Commonwealth , 2 Va. App. 96, 99, 341 S.E.2d 400, 402 (1986) (Court dismissed defendant’s ar gument that photographic spread was unduly suggestive because no transcript in evidence to consider witness’s testimony). The husband failed to provide an adequate record for this Court to consider his argument on appeal. Accordingly, we dismiss the husband’s appeal. The wife has requested attorney’s fees fo r this appeal, contending that the husband’s claim is unjustified and frivolous. An award of a ttorney’s fees is within the court’s discretion.
See O’Loughlin v. O’Loughlin , 23 Va. App. 690, 695, 479 S.E.2d 98, 100 (1996)

. Upon consideration of the record, we award reasonable attorney’s fees and costs to wife and remand- 3 - this case to the trial court for determination of those fees and costs incurred on appeal, to include fees and costs incurred on remand to determine and collect this award. Dismissed and remanded.