What Happens if Someone Doesn’t Follow the Separation Agreement?

If a Party does not follow an obligation listed within a Separation Agreement, he or she will be in breach of contract if the Agreement is not integrated into a NC Court Order. Once a party is in breach, the non breaching party may bring a suite for Breach of Contract and seek incidental and consequential damages plus Attorney Fees. In the event that monetary damages are inappropriate, the non breaching party may then seek an Order for Specific Performance where a Court can Order the Performance of an individual to act with the power of contempt, which happens frequently in Charlotte-Mecklenburg County.

In the event that either party breaches a Consent Order, they may be punishable by the contempt powers of the court immediately without filing any additional lawsuits. With this being said, it is extremely important to consult with an experienced family law attorney in Charlotte NC regarding whether your future should be spelled out in a Court Order, a non integrated Separation Agreement, or an Integrated Agreement.