DANAI v. DANAI

McCULLOUGH, Judge.

The issues raised in this appeal pertain to the following undisputed facts. On 19 March 1999, Mr. James Danai (plaintiff) and Ms. Ellen Danai (defendant) were divorced by judgment entered in Wake County District Court. On 3 March 1999, prior to the divorce judgment, the two parties entered into a marital separation agreement (the "original separation agreement"), which addressed issues between the parties related to the cessation of the marriage, including alimony. Within the original separation agreement, a clause allowed it to be modified by written consentof the parties…