Family Law Cases
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Family Law

Court of Appeals of North Carolina
Uncategorized

Jordan — Premarital agreement survives voluntariness and disclosure challenge

The Court of Appeals affirmed because the trial court’s findings supported its legal conclusions under North Carolina’s Uniform Premarital Agreement Act. The record supported voluntary execution, and a party’s failure to read or understand an agreement does not by itself avoid a signed contract absent fraud or another recognized defense. The written agreement also stated that each party had separate counsel or an opp

Court of Appeals of North Carolina
Uncategorized

Brincefield — Court reverses refusal to reopen equitable-distribution judgment entered without proven notice

The Court of Appeals held that the trial court abused its discretion by denying relief. The lower court relied on its belief that a continuance order would ordinarily have been mailed and on the absence of returned mail, but it did not examine proof showing that notice was actually sent. That assumption could not support a decision depriving a litigant of the opportunity to be heard. The panel distinguished cases in

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