Legal Question in Family Law in North Carolina

Re: Is our separation agreement valid?

First of all, a separation agreement is a contract between husband and wife. As such, in order to fight the validity of the "contract" there must have been a problem with the formation of the contract, the provisions of the contract, or the ability of the parties to contract. In North Carolina there are special provisions for separation agreements that are necessary to make that special contract valid.

Whether the separation agreement is valid would depend on a number of factors. Did you continue to live together as husband and wife? Where there special provisions for moving into new home? Can you prove the existence of the 'marital' relationship after the date of separation?

Even with the continued relationship, did the acts committed invalidate the contract? Did either party or both parties consent to the continued relationship? Did the agreement cover every aspect of the property and separation to include custody, property division and alimony: was it integrated or non-integrated? Was the separation agreement signed by both of you and notarized? Was the separation agreement approved by the court? Were both parties competent to sign the contract?