Legal Question in Family Law in North Carolina

Without knowledge of what it meant, I signed a separation agreement with this article Release of Claim. That subject to the provisions of this agreement, each party has released and discharged and by this agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge of the other of any from all causes of action, claims, rights or demands, whether in law or in equity, including any and all liabilities for the payment of alimony or support and maintenance wich either of the parties ever had or now has against the other, except a cause of action for divorce based upon legal separation. It is distinctly agreed and understood by the parties tht this agreement is not made for the purpose of facilitating a divorce between the parties, nor is there any agreement that either party shall not defend against any action for divorce brought by the other party, but this agreement is made with prejudice to the right of either party to seek divorce, and in the event any such action is instituted, the parties shall be bound by this agreement, and the provisions of this agreement shall in all respects survive said action and be forever bunding and conclusive upon the parties.

Does this mean there is no way to get beyond that or even, with husbands agreement, rewrite the agreement without that part...stating this agreement replaces previous agreement? Dated, signed by both and notorized? I can't believe my attorney advised me to sign this document!

Asked on 3/01/12, 2:26 am

1 Answer from Attorneys

You may very well be stuck with that provision. Why would you sign something if you didn't know what it meant? Anyway, sure you can attempt to get your husband to agree to an admendment - but why would he? As far as your attorney advising you to sign the agreement, there is a certain degree of responsibility that is yours - if you didn't understand what you were signing, you have an obligation to speak up and ask your attorney for clarification.

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Answered on 3/04/12, 7:44 pm

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