Spencer v. Spencer

MORRIS, Judge.

We will address first the constitutional issues raised by defendant’s appeal. Defendant alleges that G.S. 52-6 is violative of the equal protection clauses of the United States Constitution and the Constitution of North Carolina; that G.S. 52-6 confers a valuable right upon women; and that the separation agreement would be void had the plaintiff not been subject to a privy exam. He concludes that the proper means by which to cure the constitutional defect of G.S. 52-6 is to treat him as if he were a woman who had been denied a privy exam and to declare the separation agreement…