The woman`s other claims are not going very well. Some of them are clearly not performance-oriented and can be treated in a short period of time. Two of the counter-claims, however, require further discussion. They relate to the issues of maintenance and rehabilitation of the separation agreement as a whole, two issues which clearly play an indirect but important role in the development of this dispute. As mentioned above, the husband asserts that the woman`s real motive for preventing her from divorcing is to gain influence to induce her to renegotiate the contract. To prove a defence based on constructive fraud, the complainant must show that there was a confidential relationship between the parties and that a party took advantage of its position of trust. While a marriage is a confidential relationship, a party may argue that if the parties signed a separation agreement, the marriage was no longer at the level of a confidential relationship, because the parties became contradictory and perhaps did not trust each other so much. Childhood: If a person under the defence enters into a contract at an early age, if he has not yet reached the age of majority, the agreement may be cancelled. An infant is defined as a person under the age of 18. North Carolina allows infants to marry if they are between the age of 16 and 18, with the written consent of a custodial relative or with the consent of another person, agency or institution with legal custody. Courts in North Carolina may allow a minor between the ages of 14 and 16 to marry if there has been a pregnancy or if the child is already born and the mother intends to marry her father. The court may also grant marriage if the judge finds that the minor is in a position to assume responsibility for the marriage and that the marriage is in the best interests of the minor. No one under the age of 14 can marry in North Carolina.
When a minor decides to divorce and a separation contract is entered into, the contract is not sharp for the minor until a reasonable period of time after the age of majority. While the law allows married minors to enter into agreements on certain types of property, and the minor may relinquish ownership or release it, they are not deemed competent to enter into contracts for other types of property or assistance. To get out of this state of marriage, the husband launched a new lawsuit in March 2011. This is both a divorce action and an action finding that the non-decision clause of the separation agreement is not applicable. The husband`s complaint contains three grounds for divorce: the task (Domestic Relations Law [DRL]no 170), the separated and separated life under the separation agreement (DRL 170) and an irretrievable game of dismantling marriage (DRL No. 170). If you decide to apply for a resignation, we advise you to introduce a right to a fair distribution and equitable division at the same time before the divorce is final. When the court orders the resignation as part of the separation agreement after the divorce is final, the divorce usually ends all of a spouse`s rights over fair distribution or ownership or support.
However, in rare cases, courts may allow the spouse to seek assistance and/or equitable distribution after the divorce is final due to illegal behaviour. If the resignation is granted after the parties have fulfilled some of their obligations set out in the agreement, the Tribunal will ask them to repay the benefits received.