Higgins v. Higgins

Judge ORR

dissenting.

I respectfully disagree with the conclusions reached by the majority opinion and therefore, dissent.

A critical basis of the majority opinion is that the document in question is a “separation agreement.” In fact, however, the document is captioned “Agreement and Deed of Separation.” (Emphasis added.) In paragraph 21 of this agreement, it states:

Pursuant to the provision of G.S. 50-20(d), the parties have agreed that the above division constitutes a distribution of *519marital property and such distribution shall be deemed to be equitable as between them. That except for the…