COBB v. COBB

No. 8126DC170.

282 S.E.2d 591 (1981)

Martha C. COBB v. F. Gordon COBB.

Court of Appeals of North Carolina.

October 6, 1981.


Attorney(s) appearing for the Case

Boyle, Alexander, Hord & Smith by Robert C. Hord, Jr., Charlotte, for plaintiff-appellee.

Cocke & McKinney by William B. Cocke, Jr., Newland, for defendant-appellant.


VAUGHN, Judge.

The issue presented is whether the property settlement provisions of the separation agreement incorporated by reference in the divorce decree are enforceable by contempt proceedings. We hold that they are and affirm that part of the order.

A separation agreement which is merely approved by the court does not assume the status of a judicial decree. It exists only as a contract between the parties, and is therefore not enforceable by contempt...

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