Breach of Separation Agreements in Charlotte
When your spouse/former spouse fails to act in accordance with the terms of your separation agreement, there is a legal mechanism which may be utilized to inform the court of the alleged breach. Specifically, this mechanism is called a Complaint for Breach of Contract & Specific Performance. This can be set in motion to enforce compliance with the terms of said agreement.
Why Obtain a Separation Agreement?
Failure to act according to the following matters would warrant filing a Complaint for Breach of Contract & Specific Performance, or your last resort for enforcing and obtaining compliance with a separation agreement:
- Pay child support
- Pay spousal support
- Adhere to a child custody order
- Exchange, return, or distribute marital property
Our philosophy at Coggin Law is that every reasonable effort should be made to resolve the alleged breach prior to the initiation of a court action (the filing of a lawsuit). In this vein, your attorney should take the requisite best practices to resolve the relevant issue(s) and secure compliance through negotiation, and possibly, through the scheduling of a private mediation session prior to the filing of a lawsuit.
Seeking the Court’s Assistance
In the event mediation concludes with an impasse or if your good-faith negotiations are not successful, you may be forced to seek the court's assistance with filing a Complaint for Breach of Contract & Specific Performance.
To prevail, you will be required to prove that your spouse/former spouse violated the terms of the separation agreement. Interestingly, you do not have to prove that their behavior was willful (on purpose), or that they had the ability to comply with the terms of the separation agreement. Rather, you provide a "straight-line" analysis of the terms and conditions of the separation agreement, what the parties intended, and whether the alleged breach in fact constitutes a violation of the separation agreement.
What Happens After the Court Finds Your Spouse/Ex-Spouse in Breach of the Contract?
Assuming you prevail on your claims for breach of contract and specific performance, the court will issue an Order Regarding Breach of Contract and Specific Performance. This order will require the breaching party to come into compliance with the terms of the separation agreement within a certain period. Further, this order may also require that you are reimbursed for your attorney's fees, assuming, among other things, that your attorney makes the appropriate arguments at trial and files the appropriate Affidavit of Fees & Expenses with the court.
For questions about what happens when a person fails to abide by an order regarding breach of contract and specific performance, please refer to contempt of court orders.
Our attorney has 20 years of unmatched experience exclusively practicing Family Law.
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We will attempt to resolve your case in the most efficient and cost-effective manner possible, by taking a collaborative approach prior to considering court action.
Whether preparing for a meeting with you, or in preparation for mediation or trial, we take a “details matter” approach to every case.