 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Harllee v. Harllee6/18/2002
PUBLISHED
Defendant husband appeals from an order declaring the parties' premarital agreement invalid and unenforceable. Defendant also appeals from the trial court's subsequent equitable distribution of the parties' marital property. Defendant and plaintiff wife were married on 2 March 1984 and separated on 30 September 1991. A judgment of absolute divorce was entered on 10 January 1994.
On 3 February 1984, one month prior to their marriage, defendant and plaintiff entered into a purported premarital agreement. The premarital agreement, in pertinent part, states:
WHEREAS, the Parties to this Agreement intend to marry one another and are making this Agreement in contemplation of becoming husband and wife; and
WHEREAS, both parties are individually possessed of certain Separate Property, and both acknowledge that they played no role in the accumulation of the other's Separate Property; and
WHEREAS, Husband has previously been married to another; and
WHEREAS, the Wife has never been previously married; and
WHEREAS, the parties desire to contract with each other concerning matters of financial management during the term of their marriage; and
WHEREAS, the parties are aware of the laws concerning the disposition of marital and separate property under conditions of togetherness of apartness, life or death; and
WHEREAS, the parties desire to govern said dispositions by their own agreement and not by the laws of any state or country;
THEY, NOW, THEREFORE, for valuable consideration, and with the express intention on the part of both parties that this Agreement be legally binding, they hereby stipulate and agree as follows: The sole consideration for this Agreement shall be as follows:
(1) The contemplated marriage between the parties; and
(2) The mutual promises and covenants contained in this Agreement; and
(3) The sum of TEN THOUSAND DOLLARS ($10,000.00), to be paid by husband to wife in the manner following: On the day of the marriage.
Each party agrees that the property described hereafter shall remain the Separate Property of the other:
(a) All property, whether real or personal, belonging to the other party at the commencement of their marriage; and
(b) All property at any time acquired by the other party by gift, devise, bequest or inheritance, including gifts from one party to the other; and
(c) All interest, dividends, rents, profits or other income at any time acquired from the aforestated Separate Property, or at any time acquired from property purchased with Separate Property, or any property substituted or exchanged for Separate Property; and
(d) All appreciation in value of the aforesaid Separate Property, whether attributable to market conditions or to the skills and efforts of the owner thereof; and
(e) All property acquired by the other party in his/her separate name while living together outside the marital relationship; and
(f) A recovery or claim for pain and suffering arising from a personal injury suffered by the other party; and
EARNINGS DURING MARRIAGE--SEPARATE PROPERTY
The parties agree that all earnings and accumulations resulting from personal services, skills, efforts and work, together with all property acquired and income derived therefrom, shall be the Separate Property of the Party to whom the earnings and income are attributable.
On 29 January 1992, plaintiff filed the instant action seeking, inter alia, a divorce from bed and board, temporary and permanent al
Page 1 2 3 4 5 6 7 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|