Louis Wm. Martini, Jr., P.C.
Over 20 years Of Family Law Experience In Pennsylvania
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Woman sues for court to enforce separation agreement

Divorcing couples in Media are typically encouraged to reach an amicable agreement regarding the dissolution of their marriages. If they are able to do so, they may be able to avoid having their proceedings heard in court, thus shortening the time needed to resolve their issues and formally end their marriages. However, any accords made in a separation agreement achieved through collaboration become legally binding once that agreement is signed. Any attempts by either side to not fulfill individual obligations could result in their case spilling back into a courtroom.

That is exactly what has happened in a divorce case involving a North Carolina couple. The ex-wife has filed a lawsuit seeking the enforcement of a separation agreement that the couple had signed. The agreement called for her to receive a portion of the marital property (including the marital home), along with shared custody of the couple’s daughter. It also mandated that she be given 61 shares of stock in the regional bank that the ex-husband’s family runs. However, the woman claims that her former sister-in-law, the president and CEO of the bank, subsequently tried to pay her $325,000 for the shares. After the woman refused, the sister-in-law then stopped the transfer of the stock altogether.

A motion from the ex-husband to dismiss the lawsuit was recently denied. Given the apparent legal validity of their agreement, one can easily see why such a motion was not considered. Those who have seen their ex-spouses fail to comply with the terms of their own separation agreements may feel equally as justified in seeking legal action to have them enforced. Such action may have better chances of success of those initiating it enlist the help of experienced attorneys.

Source: The News & Observer “A separation agreement unravels, pushing Montgomery County manager’s marriage dispute into public view” Shaffer, Josh, Apr. 07, 2017

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