Contested Separation Agreement (notarized)

North Carolina Divorce Law Divorce and Separation Answers
#1

My spouse and I signed a separation and property settlement agreement before a notary. We do not have children. My attorney said that the agreement looks valid and does not see how it could be contested. My soon to be ex is now contesting the agreement.

My “soon to be ex” hired a new attorney that filed a motion to rescind the agreement. The attorney has dozens of bullet points they are claiming to use to set the agreement aside. I have 34+ pieces of evidence to refute the false claims made in their motion to rescind the agreement, including texts, emails, and audio recordings. My spouse wants to bankrupt me by keeping us in the courts.

Doesn’t a signed and notarized separation agreement and property settlement end this matter?
Is there any recourse?

#2

It sounds like you have a valid and enforceable separation agreement. However, one party can later claim that the separation agreement is unconscionable, executed under duress, undue influence, etc. and can ask the court to rescind it.

It is up to the judge, after presentation of evidence from both sides, whether or not the separation agreement should actually be rescinded.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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