If you’re thinking about the possibility of a divorce legal in North Carolina, then you might be wondering whether or not it is necessary to have a separation contract written. If you’re in the market for this type of contract, would you require an attorney to draft it or are there other options to come up with a document without having to spend thousands or many thousands?

Do you need a Separation Agreement required in North Carolina?

No. You don’t have to sign an agreement for separation in order to legally divorce your spouse. However, you remain in a relationship with your spouse for a minimum period of an entire year. Although you might legally separate from them. We highly recommend separation agreements in the event of children or debts, spousal support demands, property or any other assets that need which need division. Separation agreements allow the parties to resolve these issues in private, and without the use from the courts. Simple agreements or verbal promises that aren’t notarized are not enforceable according to the laws in North Carolina.

What is what exactly is a Separation Agreement?

Separation agreements are a written agreement between two spouses, in which they settle their property division, payments of support as well as the custody schedule of their children, as well as other matters in a legally binding agreement. The separation agreement is usually executed at the as the couples separate or before they split. In some instances separation agreements, they may be signed a few months after separation has taken place.

Who is qualified to write an agreement on separation?

It is recommended that an attorney of your choice draft a separation contract. For it to be legally binding the two of you as well as your spouse have to sign the agreement before an notary. Some lawyers may suggest that you should not sign this yourself, we’re developing a software which will let you answer a few questions in an easy and simple interview format. We also have an agreement for separation that can be 90% completed within a matter of minutes. If you’re looking to sign for a test-beta of this software, please visit this link to input your email address and name.

Can we split property in the terms of a separation agreement?

Absolutely! However, when you split property within a legally binding agreement, it is usually referred to as an “property settlement” as opposed to a separation contract – the majority of people use the terms interchangeably. The types of property you could split in your agreement are the real property (such for marital home as well as rental property) Other property, like businesses, vehicles and artwork, jewelry and furniture, as well as financial assets, such as stocks, bank accounts, bonds, pensions, as well as life insurance.

Can I make my spouse sign an Separation Agreement?

Unfortunately, no. You cannot oblige your spouse to take on anything they don’t wish to do. You both must agree to sign it in your own, voluntarily and according to your free will.

Do I require an Separation Agreement to get a divorce?

No. The Separation Contract is not valid evidence, and can not be utilized in divorce proceedings unless your spouse or you decides to include it in the final divorce judgment that isn’t common.

What are the consequences for not following the conditions that I have agreed to in the terms of my Separation Agreement?

It is essential to know that an Separation Agreement is not a court order. You can’t make someone a contemptible the court for not adhering to the provisions stipulated in the document. Instead, you’ll need to pursue your spouse’s partner to enforce the terms of your contract, and your rights would be limited to damages for money and specific obligations.

My spouse was responsible for our credit card debt under the Separation Agreement – does that mean that I am not required to make payments when they cease to pay them?

Unfortunately, no. Although your spouse is accountable for these debts according to your Separation Agreement, this agreement is not binding for third parties like the credit companies that issue credit cards. If your spouse ceases to pay on these debts, then you would be jointly accountable for any debts you share. In this regard, we suggest obtaining copies of your credit report as well as ensuring that your name is not listed on any joint debts after you sign the Separation Agreement is signed.

I’d like my partner to go on my own. What if an Separation Agreement keep him or him from harassing me?

The majority of Separation Agreements contain an anti-harassment clause in the agreement. But the fact that the document is on the form of a paper does not necessarily mean that someone will follow the document. If you’re having issues and your spouse is refusing to be able to leave, the correct course of action is to apply for an injunction or a protective order to prevent them from being from you. A violation of a court ruling like this is legally binding for police officers. The same is not the case with a Separation Agreement is not.

Does the Court need to adhere to the custody schedule set out in the Separation Agreement?

No. This is a popular misconception. Anything that is related to children in the terms of a Separation Agreement (including child custody and child support) is always able to be changed by a court in the event that they believe that the most beneficial interests of your children are served by changing the conditions of the agreement. However, the terms in the Separation Agreement raise a presumption that the terms you signed in writing will be deemed to serve in the highest interests of your children.