What is a Separation Agreement?
If you are separated or planning to separate from your spouse, a separation agreement is a helpful step toward legally ending the marriage. In North Carolina, a couple must be separated for one year and one day before filing for absolute divorce. The date of separation is created when both spouses reside under separate roofs with the intent of at least one of the spouses for the separation to be permanent and that the marital relationship should end. While a full year can seem like a daunting amount of time to wait, there are proactive steps to take before and during this separation period that can make the divorce process much smoother. And hopefully, no one will need to start slinging mud in a courtroom to find resolution.
A separation agreement is a private legal contract between spouses that can be drafted and negotiated by spouses, their attorneys, and enforced by courts. While not required in North Carolina, a separation agreement is a useful tool for outlining agreed-upon terms of separation, property division, debt responsibility, and spousal support issues without involving the courts. Essentially, separation agreements deal with all of the logistics of getting divorced without having to wait. A Separation Agreement can answer questions like:
- Who gets the car? If the car is titled in my spouse’s name, how can I get it transferred to my name?
- Who gets to keep living in our house? What about our vacation home? How can we sell the house?
- How do we split up our bank and investment accounts?
- What about our debts and other financial obligations?
- Is my spouse going to pay alimony?
- Where will our children live?
- What if my spouse and I reconcile?
- What if we later want to modify something in the separation agreement?
- How would this agreement even be enforced?
Though these questions can be overwhelming, attorneys can help to make sure all of your rights are being protected and that you understand the legal impact of each provision. Sometimes, a Separation Agreement may also include a parenting agreement which could address child support and child custody questions as well.
Should I do a Separation Agreement?
The process of separating can often be messy, but a separation agreement can help chart a clearer path forward through a difficult time. Separation agreements are legally binding and must be written, signed by both parties, and both signatures are notarized. As a legal document, separation agreements are enforceable by the Court should a spouse not follow through with an agreed-upon term. The parties can also mutually agree to later change certain terms of the agreement.
How would a separation agreement impact my divorce?
A separation agreement is not a divorce decree, it is a separate legal document. Since it is not a requirement in North Carolina, a separation agreement will not necessarily make it easier or harder to be granted a divorce, it simply functions to smooth out the separation and divorce process so that the parties do not have to go to the Court for assistance in resolving their family law matters.
At the end of the day, a Judge is a stranger to your family and finances. Don’t let a stranger determine the future of your family and finances!
If you or someone you know wants to learn more about Separation Agreements, our Modern Legal team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Olivia A. House
