For most couples, divorce is the last outstanding issue, after all other issues – such as custody and distribution of property – have been resolved by a separation agreement. Information about the processing of the divorce – or the actual separation of the agreement – can be found on our Divorce page. Mental incapacity: If one of the parties is unable to act mentally at the time of the separation agreement, the agreement may be considered unsigned. To prove that a contract is cancelled because of its incapacity, the moving company must demonstrate that at the time the contract was signed, it was unable to understand the nature and consequences of the signing. The party does not have to prove that it was legally insane, but the incapacity cannot be due to the fact that the party applies only poor judgment. As a general rule, a party cannot claim damages for intellectual torment caused by an offence. However, the Supreme Court of North Carolina held that there can be recovery if an applicant can prove that: (1) the contract was not seized of trade or commerce; (2) the contract was not primarily a financial benefit; or (3) the treaty referred to issues of dignity and emotion, so that there is a high probability of psychological disorders when it comes to a break-up. Although most agreements are not able to complete the second and third phases, there may be damage if there has been a non-harassment clause in the agreement that constituted an offence and caused emotional harm. A non-harassment clause is contained in agreements to prevent the parties from interfering in the other`s lives. Violations of such clauses include: creating or sending repeated and unwanted calls, TEXT, emails or letters; trying to get the other party to stop unfairly; filing and withdrawing several appeals against the other party; complaining about the other party to the other party`s employer or to co-workers Interception of the other party`s mail; or to run the other party for a long time. A material defence is an assertion that an agreement should not be enforced because it is fundamentally unfair or unacceptable.
The death of a separation party does not automatically terminate the obligations of that part (or the succession of that part) of the contract. A separation agreement gives you the opportunity to solve problems, slowly and over time, without the pressure of a divorce action over your head.