Separation Agreements and Property Settlements

The purpose of a Separation Agreement and Property Settlement is to document the rights and legal obligations of each spouse which arise from their separation and divorce. To have a legally binding separation agreement and property settlement in North Carolina, the contract must be in writing and signed by both parties in the presence of a notary. It is critical that you be represented by an attorney that understands the details of each of the legal issues and how to memorialize the terms in a manner that protects you and your family. If you fail to do so and proceed with signing an Agreement without counsel, you may not be able to modify terms within the Agreement in the future even if the terms are unfavorable to you.

Common Questions About Separation Agreements and Property Settlements

Do I need a Separation Agreement to be legally separated in North Carolina?

No. A legal separation occurs when spouses physically separate by living in separate residences with at least one of the parties having the intention that the separation be permanent. North Carolina does not require that the date be documented to have a legal separation.

What issues are covered in a Separation Agreement and Property Settlement?

Many issues can be covered in a Separation Agreement and Property Settlement, such as a resolution of child custody, child support, spousal support, and property division. It’s important that your Agreement be detailed in each of the applicable areas and catered to your situation.

Can one attorney represent both me and my spouse with a Separation Agreement and Property Settlement?

No. It is a conflict of interest for an attorney to represent both parties as the parties may have differing interests and goals. In most cases, one party has an Agreement prepared and it is then provided to the other party for his or her review. The other party can choose to review or consult with an attorney about the Agreement or respond individually.

Is a Separation Agreement and Property Settlement worth the expense?

Yes, if it is a well-constructed and thorough Agreement. Such an Agreement will give you peace of mind that the legal issues are resolved and binding. Verbal agreements are very rarely enforceable so having a written agreement that details the settlement terms will help both parties know what to expect as they move forward in the next chapter of their lives.

Take Control Of Your Separation Agreement And Property Settlement

Rebecca has extensive experience and knowledge about Separation Agreements and Property Settlements and how to craft them to meet your needs and goals. Call 919-794-3856 or fill out our online contact form to schedule a consultation to discuss this more.