Domestic Relations – Separation Agreement – Oral – Unenforceable

Marks v. Marks (Lawyers Weekly No. 12-16-0540, 7 pp.) (John C. Martin, Ch.J.) Appealed from Forsyth County District Court. (George A. Bedsworth, J.) N.C. App. Unpub. Full-text opinion.

Holding: Where the parties were separated and intended to live separate and apart forever when they entered into an oral contract, and where the contract involves payments for spousal support and from the sale of marital or divisible property, the contract was governed by G.S. § 52-10.1. Because the contract was not in writing and acknowledged by both parties before a certifying officer as defined in G.S. § 52-10(b), it was unenforceable.

We affirm summary judgment for defendant.