Specific Performance


#1

Our Separation Agreement is a contract and not part of a court order. It has a no incorporation clause. In the separation agreement, I can not relocate with the children outside of our county, etc. In addition, my ex-husband is required to transport our two sons to a meeting each Monday night for a boy’s youth organization. I am required on Monday nights to transport our two daughters to their girl oriented youth organization. I feel that this is a valid requirement since it is part of the separation agreement which divided our assets, and is notarized. I feel that I gave up a lot to get the agreement that we have which was mediated outside of court. Our absolute divorce is also complete. Now, apparently he does not agree with terms of the agreement, including sharing expenses for these youth organizations by weighted income. My ex-husband has not transported our sons to their meeting for three months, and has not hired another person, driver, or parent to transport our sons. Can I sue him for specific performance? They are missing important achievements which have a time limit and might never be made up due to age limitations.


#2

If your ex-husband has not done something that he is required to do in the separation agreement, then yes, you can file a breach of contract lawsuit against him asking for specific performance as your remedy. This means that you are alleging that he has breached a contract and that you want the court to order him to comply with the terms of the contract (i.e. the separation agreement).


Anna Ayscue

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

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