In North Carolina, parties can enter a variety of agreements and can be subject to court orders. These agreements can include prenuptial agreements, postnuptial agreements, separation and property division agreements, parenting agreements, and other contracts. Court orders can include orders relating to equitable distribution, spousal support, child custody, child support, and many others. Depending on the nature of the agreement or order, parties can seek enforcement against a non-compliant party by way of breach of contract proceedings or contempt proceedings.

What Is An Agreement?

An agreement is a contract between two affiliated parties that has not been submitted to a judge for review. Examples of agreements we see often in our family law firm include:

Enforcement of Agreements

To enforce an agreement, the affected party must be able to prove that a breach of contract has occurred. The following key elements must be established in order for the plaintiff to claim that their contract has been breached:

  1. The existence of a valid contract or agreement
  2. Your own performance under the contract or agreement
  3. The defendant’s failure to uphold the contract or agreement
  4. Damages resulting from this failure

In family law proceedings, these violations are typically observed with the terms of prenuptial agreements, postnuptial agreements, and separation and property division agreements. When a contract is breached in North Carolina, the court can order a number of remedies to make the non-breaching party whole, including specific performance of obligations, injunctive relief, and financial compensation.

Whether you are seeking to enforce a contract or agreement, or are defending against claims that you have breached a contract or agreement, our experienced attorneys are here to help guide you through the process and reach the best possible outcome for you and your family. Contact us today to schedule a consultation.

What Is An Order?

Unlike agreements, court orders are officially documented, signed by a judge, and filed with the clerk of court. In family law, court orders may relate to separation-related finances, child custody, property division, protective orders, child support orders, or any other family or domestic related issue.

Enforcement of Orders: Acts of Contempt

Contempt refers to a person’s conduct in disobeying the express terms of a court order. In North Carolina, contempt is governed by Chapter 5A of the North Carolina General Statutes and can include two forms of contempt: civil contempt and criminal contempt. In order to find a party in contempt, the court must identify willful disobedience of a court order. Once contempt is identified, and the court identifies whether such contempt is subject to civil contempt or criminal contempt, the court can order a disobedient party to serve a period of imprisonment of up to thirty days for each act of contempt, or otherwise sanction a party, including ordering payment of fines, court costs, or the non-delinquent party’s attorney’s fees.

Whether you are prosecuting or defending a contempt claim, our experienced attorneys are ready to help you. Contact us today to schedule a consultation or for answers to your questions about contempt.

What is Breach of Contract?

Breach of contract refers to violation of the agreed-upon terms and conditions of a contract or agreement. In family law proceedings, these violations are typically observed with the terms of prenuptial agreements, postnuptial agreements, and separation and property division agreements. When a contract is breached in North Carolina, the Court can order a number of remedies to make the non-breaching party whole, including specific performance of obligations, injunctive relief, financial compensation, and damages.

Whether you are seeking to enforce a contract or agreement, or are defending against claims that you have breached a contract or agreement, our experienced attorneys are ready to help you. We are here to help guide you through the process and reach the best possible outcome. Contact us today to schedule a consultation or for answers to your questions about enforcement of contracts or agreements.

What is Contempt?

Contempt refers to a person’s conduct in disobeying the express terms of a court order. In North Carolina, contempt is governed by Chapter 5A of the North Carolina General Statutes and can include two forms of contempt: civil contempt and criminal contempt. In order to find a party in contempt, the Court must identify willful disobedience of a court order. Once contempt is identified, and the Court identifies whether such contempt is subject to civil contempt or criminal contempt, the Court can order a disobedient party to serve a period of imprisonment of up to thirty days for each act of contempt, or otherwise sanction a party, including ordering payment of fines, court costs, or the non-delinquent party’s attorney’s fees.

Whether you are prosecuting or defending a contempt claim, our experienced attorneys are ready to help you. We are here to help guide you through the process and reach the best possible outcome. Contact us today to schedule a consultation or for answers to your questions about contempt.

Frequently Asked Questions

How Can I Prove The Existence of A Contract or Agreement?

Most readily, the existence of an agreement can be proven through a written and signed contract. While verbal agreements are generally difficult to enforce in family court, implied contracts made through email, text, testimony, or partial performance may be sufficient to imply the existence of a mutual agreement or contract.

What Is The Difference Between Civil and Criminal Contempt?

Remediation will differ between civil and criminal contempt cases, so it is important to understand the differences between the two.

Civil contempt involves inaction on the part of the defendant. Typically, civil contempt includes nonpayment, disobedience of custody agreements, or violations of no-contact orders. This kind of contempt typically results in limited imprisonment (until the actions of the order are fulfilled).

Criminal contempt involves past actions of the defendant, such as disruption of or the unwillingness to cooperate in a court setting. Punishment for this kind of contempt includes censure, limited imprisonment, fines, or any combination of those three consequences.

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