This issue was decided in the matter of Baer v Baer published by the NC Ct App on July 2, 2024. Representing Husband was Michelle D. Connell of Connell & Gelb PLLC, and representing Wife were Alice C. Stubbs, Jeffrey R. Russell and Casey C. Fidler of Tharrington Smith, LLP.

After only a 4 year marriage, Husband executed a Marital Settlement Agreement in mediation, with the advice of counsel, that required him to pay out to his then Wife literally hundreds of thousands of dollars in assets and support.  The parties did not even have children!

Husband thereafter filed to withdraw his consent to the Agreement based upon the defense of Duress.  At the hearing on Wife's Motion for Summary Judgement Husband presented an affidavit from a psychologist indicating that at the time he entered into the agreement he was under intense psychological pressure and felt he had no other choice but to ratify the Agreement.  The trial court denied Husband's defense and granted Wife's motion ruling that as a matter of law Husband had properly ratified the Agreement.   

The Court of Appeals overruled the trial court based upon the evidence of Husband's mental condition and their ruing in Stegall v. Stegall.  The Court found that Husband's psychologist presented a genuine issues of material fact on the issue of Duress and that the case should have been permitted to proceed to trial on all issues raised by the parties.

In Stegall, each party had submitted affidavits to the trial court. Plaintiff’s affidavit alleged she was forced to sign the separation agreement under duress and coercion, while defendant’s affidavit denied her allegations.  Taking plaintiff’s affidavit as true, this court in Stegall reversed the trial court’s order granting summary judgment and concluded genuine issues of material fact existed regarding the question of plaintiff’s duress when executing the separation agreement.

The matter will now proceed back to trial on the issue of Husband's duress a the time of ratification of his Marital Settlement Agreement. For those of us who have ever tried a Duress or Necessity case, we know that Husband has some heavy lifting ahead of him!

Guy Vitetta

Charleston SC