Separation Agreement Contested

UPDATED: Oct 23, 2017

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Separation Agreement Contested

In North Carolina, can a Separation Agreement be contested?
My wife and I signed the agreement, she is now asking for more alimony.
From what I have read, she must prove fraud, duress or misrepresentation.
Are there any circumstances other than that?

Asked on October 23, 2017 under Family Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

While any smart lawyer will never say there are "never" any other circumstances, since there are inevitably exceptions in the law, you are generally correct: to invalidate or void the agreement, she would need to show one or more of:
1) Fraud or misrepresentation, either as to the terms of the agreement or as to the underlying finances (e.g. if you hid assets);
2) Duress or coercion;
3) Lack of mental capacity to sign an agreement then--e.g. if she was suffering from a mental illness or was on certain drugs or medication affecting her ability to understand what she was signing.
Apart from the above, she will typically be held to what she signed.

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