Seperation agreement


#1

Does the separation agreement after a year become an order after an absolute divorce is granted? In other words do I need to redraft the separation agreement or name it something else or does it stay in effect?


#2

A separation agreement remains in full force and effect even after an absolute divorce is granted unless there is a provision for rescission and the parties follow those terms to rescind it.

A separation agreement does not automatically become a court order after the absolute divorce is granted. A separation agreement remains a contract unless the separation agreement is incorporated into the absolute divorce judgment. If incorporated, the separation agreement is transformed into a court order.

You do not need to redraft your separation agreement or name it something else - it remains in effect.


#3

Are there any Statutes of Limitation on the provisions in a Separation Agreement (not incorporated)? For instance, for filing Breach of Contract when the other party has intentionally caused undue delays and/or failed to abide by the terms? My ex husband agreed to convey the primary home by quitclaim deed, but has repeatedly either refused to do so, or taken steps such as filing fraudulent DVPO’s, fraudulent CPS reports (actions to cause me financial burden, so I couldn’t afford to sue him), outright LIED about having gone to the courthouse to complete the forms, etc. This has gone on for at least 6 years, and I still can’t refinance my house because I can’t get a clear deed.


#4

If your separation agreement has both parties’ signatures notarized, then you have 10 years from the breach to file a breach of contract lawsuit. Otherwise, you have 3 years from the breach.


Anna Ayscue

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

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