A separation agreement is a contract, made by separating spouses, which can be made binding upon a couple by their signatures.

North Carolina is unique from most other states in that spouses can enter into a separation agreement and have it be binding without a judge’s approval being required. Parties can reach agreements as to how child custody will be divided, how much spousal support will be paid, the property division, and the amount of child support. In addition, spouses can also agree who will claim the tax exemption for the children.

Another advantage of separation agreements is that certain things the court cannot resolve can be reached by agreement. For instance, a court cannot order one spouse or the other to pay for college expenses; however, the parties may reach an agreement that details how the expenses will be paid in their separation agreement. READ MORE


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