- 7 - this later draft and in the final version of the Deed of Separation. Mr. Frazier never saw any of decedent's insurance policies. Kathleen was not represented by an attorney during the drafting of the Deed of Separation. She asked her father, a businessman, to review at least one of the drafts, and he apparently showed it to a lawyer. However, Kathleen never met with that lawyer. Decedent had told her that he would not leave the marital home until the agreement was signed, and that engaging an attorney would delay the separation. She wanted decedent out of the house as soon as possible to end her emotional distress. At the time Kathleen and decedent first went to Mr. Frazier's office to sign the final version, decedent had not secured a new residence. Mr. Frazier would not permit them to postdate the document, so a few days later, after decedent had actually moved out of the marital home, they returned to Mr. Frazier's office to sign the Deed of Separation on December 1, 1980. Divorce and Equitable Distribution Action Sometime after the execution of the Deed of Separation, North Carolina enacted an equitable distribution statute that became effective for divorces obtained after October 1, 1981. N.C. Gen. Stat. secs. 50-20, 50-21 (1987). The statute created aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011