My wife left me in early Feburary. Before her leaving, I drafted our separation agreement after reviewing NC guidelines, understanding what is required, and filed examples from NC court, etc. I researched it a great deal. We both agreed that we didn’t need representation. We only had house, cars, furnishing, savings/checking, retirement accounts and a child. We didn’t have a business or any other real estate to consider. We agreed to not touch either of our retirement accounts and to leave them as is so we did state that in our separation agreement. We also stated that we were not dependent on each other and were waiving any spousal support. She was privileged to all of our bank accounts and knew what was there. We calculated what her half would be minus any current and future known debts that I would pay. I kept the house so I gave her half of the equity. She conveyed all property in the house to me because she wasn’t interested in it. I was absolutely fair about everything.
It’s been 4 months and now she has an attorney saying they may make an effort to set aside the separation agreement to seek alimony and retirement account distribution. We both signed and notarized our agreement several days after we both agreed it was complete and prior to her leaving the residence. She nor I was under any duress, both of sound mind and professional individuals and she had and took plenty of time to read it. She didn’t make any further comments about seeking an attorney nor did I. Again we both agreed to this to save us the money. Will the courts allow this? Can our agreement be set aside? We have a clear agreement, signed properly with everything stated in it that pertains to us. If the courts allowed this then how do separation agreements have any validity?