A substantive defense is the assertion that an agreement should not be enforced because it is fundamentally unfair or unscrupulous. In this context, the merger means that the agreement becomes part of the court order. This means that the agreement will no longer be treated (and enforced) as a contract. Instead, the conditions are applied as a court order. Pension rights in a separation agreement can be divided in two ways, in the form of a cash settlement or a future percentage of payments. The first is to calculate the present value of the pension at present and offset (or negotiate) it with the value of another asset, such as the pension or marital residence of the other spouse. The second approach defers sharing until the working spouse receives pension payments. At that time, the reckless spouse would receive a share of each cheque equal to half (or another percentage) of the conjugal portion. The marital part is that which appeared during the marriage.

The share of the marriage can be calculated by dividing the years of matrimonial pension insurance by the total number of years of pension. If the latter is unknown, the marriage share is expressed in the form of a formula, such as: « 19/x, where 19 represents the husband`s years of military service during his marriage to the wife and x his total years of military service ». However, a support agreement must be reasonably clear to be enforceable. In one case where a father agreed to pay his children`s expenses after high school, « limited to expenses reasonably incurred in obtaining a bachelor`s degree or completing a course in a particular profession, » North Carolina courts ruled that the absence of a certain amount or percentage of the total cost rendered the agreement unenforceable. A minor between the ages of 16 and 18 may marry only with the written consent of a parent who has full or joint custody, or with the consent of another person, body or institution having custody. You have the right to file for divorce, also known as an « absolute divorce », only after being separated for at least a year and a day. This means that you must have lived in different homes and at least one of you intended the separation to be permanent during this time. To file for divorce in North Carolina, you or your spouse must currently live in North Carolina and have lived in the state for at least six months before filing the divorce case.

For example, a court generally does not have the power to order a party to support a child who has reached the age of majority (18) or to pay for a child`s college education. However, if the parties have agreed in a separation that a party will pay for the college, and that agreement is part of an order in council and the obligated party does not pay for the college, the agreement may be enforced with a non-compliance order. A separation agreement or other written document is not required in North Carolina to be legally separated. To be considered separated from your spouse, you must live in different homes and at least one of you must intend the separation to be permanent. In general, you are not legally separated if your relationship has ended but you still live in the same house or if you live in separate houses without the intention of being separated permanently (for example. B for professional purposes). To file for divorce, you must file the following documents with the clerk of the county where you or your spouse live: For example, if one party violates a separation agreement in a way that is intended to make the other party suffer the effects of tax privileges and seizures, this behavior could be considered a « deliberate infliction of emotional stress. » As of January 1, 2019 and in the case of support payments granted by a separation agreement signed after that date or a court decision rendered after that date, support will no longer be included in the calculation of a dependent spouse`s gross income. In most other states, a judge must approve at least one separation agreement at the time of divorce. This is not the case in North Carolina. With the exception of the exceptions mentioned below in the defence discussion, the parties are free to settle matters as they see fit. If you have not yet filed your separation agreement with the county clerk, you must file the separation agreement at the same time as you file your divorce papers.

A minor between the ages of 14 and 16 may marry if the girl is pregnant or has already given birth and intends to marry the child`s father. These marriages must be approved by a district court. This means that the law treats the agreement as if it had never been signed. The party who revokes can then apply for a court order for spousal support, support and division of property, as they could if they had never had a separation agreement. Then, the judge will ask the parties questions about the agreement to make sure it is fair and appropriate. You will ensure that both parties have read and understood the Agreement. .