After a marriage is complete, the premarital agreement becomes effective. During the marital phase, if the parties desire to revoke or amend the premarital agreement, this can be done only by a written agreement. Such a revocation or an amended agreement can be enforced without consideration
Collaborative law process means the following
The husband and wife are separate and are attempting a divorce
The husband and wife are speculating separation and divorce
The lawyers of this couple make a good faith attempt to overcome the conflict in the marital relation on an agreed basis
Assume that a collaborative law agreement has been initiated before the death of one of the partners. Despite this demise, the personal representative of the estate of the partner, who has perished, is permitted to continue the collaborative law process with respect to equitable distribution
A collaborative law agreement has the following features
It must be in written form
It must be signed by all parties and lawyers related to the agreement
If the collaborative law process does not cause settlement of the dispute, then there must be provisions for withdrawal of all involved lawyers
Assume that the court has made an award regarding a particular issue and a copy of this award is delivered to the applicant. This applicant desires to correct or alter this award and within 90 days of the delivery makes an application regarding the alteration. The court considers the application if one of the following have taken place
There is an obvious error in the description of a property, thing or person
There is an obvious miscalculation of figures
The award is not perfect and does not impact the merits of controversy
The arbitrators have granted an award regarding an issue that has not been submitted to them
If a party makes an application regarding an award, the court may depart from an award if any of the following conditions are met
The arbitrators exceeded the powers allocated to them
There was a misconduct that prejudiced the rights of a party
An arbitrator was found guilty of corruption
An arbitrator executed partiality
The award was obtained by fraud, corruption or other undue methods
The award comprised of disciplinary damages and the court concludes that the award for these damages is obviously wrong
The court is of the opinion that the award for child custody or child support is not in the best interests of the child
The arbitrators conducted the hearing opposite to the provisions of G.S. 50-47
The arbitrators refused to consider the proof furnished
The arbitrators did not postpone the hearing although enough reason was for a postponement
The arbitrators are empowered to administer oaths. They are given the right to issue subpoenas for production of documents, records, books or other proofs and for attendance of witnesses
The arbitrators designate the manner and terms in which the depositions would be taken
