When a couple decides to end their marriage or domestic partnership, they may choose to enter into a separation agreement. This legal document outlines the terms of their separation, including child custody and support, spousal support, property division, and other important matters. However, there are certain circumstances that can void a separation agreement in North Carolina. In this article, we’ll discuss some of the common reasons why a separation agreement may be deemed invalid.

1. Lack of Capacity

To enter into a valid separation agreement, both parties must have the mental capacity to understand and agree to the terms of the agreement. If one party lacks the mental capacity to understand the agreement, it may be deemed invalid. For instance, if one spouse was under the influence of drugs or alcohol at the time of signing the agreement, they may not have been fully aware of what they were agreeing to.

2. Duress or Coercion

If one party was forced or threatened into signing the separation agreement, it may be deemed void. A separation agreement must be entered into voluntarily, without coercion or duress from the other party. If one spouse pressures the other into signing the agreement by threatening physical harm, for example, the agreement will likely not be upheld.

3. Fraud or Misrepresentation

If one party intentionally misrepresents the terms of the separation agreement, it may be deemed void. For example, if one spouse fails to disclose all of their assets during property division negotiations, the other spouse may not have had a fair opportunity to negotiate a settlement. Similarly, if one spouse lies about their income or employment status, this can also invalidate the agreement.

4. Unconscionability

A separation agreement may also be deemed void if it unfairly favors one party over the other. If the terms of the agreement are so one-sided that they shock the conscience, it may be deemed unconscionable. For example, if one spouse is left with all of the marital debt while the other walks away with all of the assets, this may be deemed unfair and unconscionable.

5. Illegal Provisions

If a separation agreement contains illegal provisions, it may be deemed void. For instance, if the agreement purports to waive child support obligations, this is not enforceable under North Carolina law. Similarly, if the agreement waives a spouse’s right to seek alimony, this may also be deemed invalid.

In conclusion, a separation agreement is a legal document that outlines the terms of a couple’s separation. However, there are certain circumstances that can void the agreement, including lack of capacity, duress or coercion, fraud or misrepresentation, unconscionability, and illegal provisions. If you are considering entering into a separation agreement, it’s important to consult with an experienced family law attorney to ensure that your agreement is valid and enforceable.