Is My Separation Agreement Valid?


#1

Dear Jasper:

Greetings. The correct question is did you have the capacity to sign the agreement and enter into a contract at the time of your drug use. If I remember the research I did on this in the past when someone came in to sign their separation agreement while they were drunk, the answer is that no, you will not be able to invalidate the separation agreement.

First, if you voluntarily put yourself in a drug induced state, then it is not likely that you will be able to say that your voluntary intoxication caused you to be incapacitated to sign a contract.

Second, the time period for you to object to the separation agreement has probably passed and the affirmative defense of laches or estoppel should apply. Thank you and sorry to hear about your predicament.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Can you explain what you mean by “Second, the time period for you to object to the separation agreement has probably passed”…

Is there a time period to object to the agreement after both parties have signed?


#3

Dear Lighthouse:

Yes, there must be an objection within a reasonable time. What is reasonable is a question of fact for the judge. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My wife and I separated 3 years ago. During that time I was dealing with drug addiction. A separation agreement was drawn up by my wife’s uncle(a lawyer) At that time they told me it had to be done this way so they could shield the house from bankruptcy. They knew I was in active addiction and under the influence of drugs and alcohol at the time of signing the agreement. I never had any representation and I never even read the documents that I signed. I was out of it and had been up for days.

Do I have any grounds at all to attempt to invalidate that agreement by proving that I was not of sound mind when I signed it??