N.C. Gen. Stat. § 1-641

History

(2020-65, s. 1.)

NORTH CAROLINA COMMENT

Article 53 of Chapter 1 of the General Statutes is a modified version of the Uniform Collaborative Law Act (hereinafter "Uniform Act") as approved in 2009, and amended in 2010, by the Uniform Law Commission. The Article reflects the enactment of the Uniform Act by legislation rather than by court rule or a combination of court rule and legislation - optional formats provided by the 2010 amendments to the Uniform Act. Enactment by legislation is consistent with the 2003 enactment of collaborative law provisions for resolving family law disputes under Article 4 (Collaborative Law Proceedings) of Chapter 50 of the General Statutes.

Two types of comments appear as annotations to various sections of Article 53. The comments prepared by the Uniform Law Commissioners appear under the designation "Official Comment." Under the designation "North Carolina Comment" are the comments of the General Statutes Commission, which adapted the Uniform Act for enactment in North Carolina.

Some Official Comments refer to the Uniform Act's Prefatory Note, which is available on the Uniform Law Commission's website. Some Official Comments reflect that the Uniform Law Commission's Drafting Committee recommends enactment of certain sections by court rule rather than legislation. As previously noted, Article 53 reflects the enactment of the Uniform Act in its entirety by legislation.

The North Carolina Comments are designed to note substantive variations from the text of the Uniform Act. Non-substantive variations, such as those to conform to this State's numbering system and its stylistic drafting conventions, are not separately noted, since no change from the Uniform Act's meaning is intended. By way of example, the designators "a." and "b." and "1." and "2." were substituted for the Uniform Act's designators "(A)" and "(B)" and "(i)" and "(ii)" throughout the Article to conform to the numbering system used in the General Statutes. Other style changes include reformatting sections with lists and altering introductory and other language to account for the reformatting, capitalizing "state" when referring to North Carolina, adding "of this section" after subsection and subdivision references, using the entire defined term throughout the Article rather than a short form of the defined term, and using "shall not" rather than "may not."