With the 26th Judicial District being home to the largest Family Court, Charlotte, North Carolina sees a great deal of litigation regarding the contractual viability of Separation Agreements. In Johnson v. Johnson, the North Carolina Court of Appeals deemed Separation Agreements as "special agreements" that warrant equity's intervention, even in the absence of actual fraud, if the Agreement is manifestly unfair or obtained during duress.
Under Garris v. Garris, the North Carolina Court of Appeals held that Separation Agreements may be set aside if they are "unconscionable" in light of all the facts and circumstances. As convoluted as the law can be, one might ask himself what this really mean? Well, the court in Garris went on to say that "Unconscionability involves both procedural and substantive unfairness.
Moving forward in 1994 the Court of Appeals ruled in King v. King that a lower court should not set aside a Separation Agreement in North Carolina unless the moving party can establish that at the execution of the agreement that both kinds of problems existed (procedural and substantive) existed.
Setting aside a Separation Agreement is one of the most difficult tasks a Family Law Attorney may face. If you recently entered into an Agreement that you believe is unjust, contact the Law Offices of David P. Sheehan to speak with a Charlotte Family Law Attorney today. We handle cases throughout Charlotte Mecklenburg County and surrounding jurisdictions.
