What You Need To Know About Separation Agreements In NC

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When it comes to family law, two of the most common issues that require legal advice are divorce and separation. There are certain provisions of divorce law that are unique to North Carolina, among them is the separation agreement.

One of the first things you need to be clear about is what a separation agreement is and what it takes care of. This will help you decide how to proceed with the matters at hand. Generally, this agreement gives you the opportunity to work things out with your spouse without involving the court. The following post describes in greater detail what a separation agreement consists of:

When a couple — or one of the spouses — decides the marriage is over, it is smart to work out a separation agreement if the parties can agree on the terms.

It can include issues such as child custody and support, division of property and spousal support. The contract can include anything so long as it is not illegal. It can facilitate the eventual divorce proceedings and limit the need for lengthy litigation of divorce issues.

If the couple decides to reconcile before the divorce becomes final, the executed provisions generally stay in effect and the unexecuted provisions are void. However, if desired, a separation agreement can be drafted which provides that all financial provisions in the agreement remain in effect if a reconciliation happens. Read more at Cynthia Mills Law…

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The critical thing to note from the post above is that a separation agreement can only happen if both parties accept the terms. If you are not able to come to an agreement, this route will not work and you will have to go to court.

There are many ways in which a separation agreement can be of benefit to you. The first one is that the agreement is legally binding, unlike in some other states. The following post describes more of the benefits that you will receive by having a separation agreement:

There are many benefits for spouses willing to work out issues in a legal marriage separation agreement:

Cost — The cost to negotiate and draft a separation agreement is much less expensive than litigation.

Flexibility — Spouses have the freedom to negotiate each issue and find creative solutions.  The spouses negotiating a separation agreement can specify conditions that a judge cannot.

Privacy — Unlike court documents, a separation agreement is not a public record and the general public does not have access to the terms of your agreement without your consent.

Time — A court trial can be a long, involved and time-consuming process. Separation agreements can save a significant amount of time.  Read more at Carolina Family Law…

Unless there are extenuating circumstances, it should be clear from the post above that a separation agreement is worth pursuing to avoid going to court and battling over every aspect of your split.

In the event that you do to proceed with a divorce, you may use the separation agreement to facilitate the divorce. The following post describes different scenarios where using your separation agreement might be helpful or not:

 

Separation Agreement — To Incorporate or Not To Incorporate?

You and your spouse have a Separation Agreement. You been separated over a year. Now one of you wants to get the divorce. Should your Separation Agreement be incorporated in the divorce decree? The answer is: “It depends.”meek-law-separation-charlotte-featured

You first need to understand what it means to incorporate your separation agreement in the divorce decree. In order to incorporate your separation agreement, you would attach a copy of it to the divorce complaint and request that the Court incorporate the separation agreement in the divorce judgment. When that occurs, the separation agreement becomes a court order. In other words, your separation agreement morphs from a contract between husband and wife into a court order. Read more at Irvine Law Firm…

With all this in mind, it is best to retain the services of an experienced family lawyer who will ensure that your interests as well as those of your minor children are protected. At Meek Law Firm, we are committed to helping you navigate this complex area of the law.

Attorney Jonathan Meek has represented countless individuals in Charlotte going through separation and divorce and he is ready to assist you now. Contact him at Meek Law Firm today to discuss your options. Call (704) 848-6335 or use the contact form on the right of this page to schedule a consultation appointment.

2017-02-02T23:51:47+00:00

About the Author:

As a small business owner, Meek has a passion for working with others who found and work for small- and medium-sized businesses. His goal is to not only help them protect and grow their businesses but also to resolve any personal legal issues they might face along the way. Meek is a member of the North Carolina Bar Association, the Mecklenburg County Bar Association, and the North Carolina State Bar. He is also on the board of Open Aperture Productions, a legal videography firm that he began in 2003. In addition, he participated in many hours of pro bono service during his law school career, including an externship with the Mecklenburg County District Attorney.