Bowles v. Bowles

Separation agreements between husband and wife have not always been recognized as valid in North Carolina. Collins v. Collins, 62 N.C. 153; Archbell v. Archbell, 158 N.C. 408, 74 S.E. 327, Ann. Cas., 1913 D, 261. This view has been modified from time to time. The authorities are generally agreed upon the requisites for a valid deed of separation. One essential requisite is that “the agreement of separation must be reasonable, just, and fair to the wife — having due regard to the condition and circumstances of the parties at the time it was made.” Smith v. Smith, 225 N.C. 189, 34 S.E. 2d 148.

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