Specific Performance of a Separation Agreement

emergency child custodySpecific Performance is an equitable remedy when there is a breach of  a separation agreement.   The remedy of specific performance is available in an action to enforce a separation agreement when the remedy of breach of contract (which would include damages for the breach) is not adequate    If the judge believes that it is appropriate, the court may order  the defendant to do what the separation agreement requires.   This could include, for example, making alimony payments, transferring property, etc.

 

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Scott Allen is a divorce attorney in Raleigh, NC with over nineteen years of experience in all areas of family law litigation and settlement.  He can be reached at 919.863.4183.