Once you have submitted the agreement, the court will enforce the parties related to parenthood and maintenance of children and spouses, as if they were court orders. As stated earlier, the judge may order a specific benefit to enforce the terms of the agreement. This correction is only available in the form of a termination of the contract, and not when the contract is part of a court order. If a party refuses to comply with a particular benefit order, he or she may be detained and even imprisoned in defiance of the court until he or she complies with the order. To qualify for a given benefit, the moving party must demonstrate that: (1) the moving party`s recourse is insufficient (therefore, the rate of money would not be correct); 2. The other party may provide services, but decides not to do so; and (3) the move has fulfilled its own obligations under the separation contract. In general, if a couple can come to an agreement without having to involve the court, things will go much faster and will be much cheaper. If it becomes impossible to negotiate and the court has to intervene, the trial can be much longer, more stressful, more expensive and less private than if the parties had been able to work things out for themselves in an agreement. If a judge has to intervene, the parties may not get what they want in the agreement if they had done it differently, if they had been able to negotiate among themselves. Couples understand their own needs much better than a judge. Defenses can be either procedural or substantive. A procedural defence is based on legal requirements which, if not met, invalidate the agreement. Examples of this type of defence include mental incapacity, infant age, fraud, constructive fraud, error, coercion, unacceptable influence, lack of legal formalities and lack of disclosure.

If a party has succeeded with a procedural defense, a resignation may apply. A substantial defense is based on the fact that the agreement is fundamentally unfair or ruthless. You can also insert your consent into a consent order (Supreme Court F33 or Provincial Court Form 20, also known as a final family order). If you want to change the agreement and your spouse doesn`t, you may beable to get your spouse to accept the changes through negotiation or mediation. As a general rule, a party cannot claim damages for psychological suffering caused by an offence. However, the North Carolina Supreme Court has held that recovery may be possible if a plaintiff can prove that: (1) the contract was not seized of the business or commerce; (2) the contract was not primarily intended for a financial benefit; or (3) the treaty dealt with issues of dignity and emotion, so that in the event of an offence, there was a high probability of psychological afflictions. While most agreements are not able to fulfill the second and third parts, damages can arise if the agreement contained a non-harassment clause that constituted an offense and caused emotional damage. A non-harassment clause is contained in agreements aimed at preventing the parties from interfering in the lives of the other.

Violations of such clauses include: repeated and unwanted calls, texts, e-mails or letters; To have the other party unjustly arrested; the filing and withdrawal of several actions against the other party; complain to the employer or colleagues of the other party of the other party; Interception of the other party`s mail; or to defame the other party for a long time….