A separation agreement is a contract between spouses who are either separated or intend to become separated. Having a separation agreement is a way for spouses to agree on various issues that may prevent the need for a lengthy and costly court case. Separation agreements generally include matters such as: date of separation, property division, spousal support, debts, child support, and child custody. Although child support and child custody can be included in a separation agreement, it is important to note that if a spouse later files a child support or child custody action, a judge may change the amount of child support to meet the reasonable needs of the child or alter the custody arrangement/schedule if the judge determines it is in the best interests of the child.
In order to be enforceable, a separation agreement must meet the following requirements:
- Writing: A separation agreement must be in writing; it cannot be verbal.
- Signed: A separation agreement must be signed by both parties.
- Notarized: Both signatures must be notarized.
- Voluntary: A spouse cannot force the other spouse to sign a separation agreement.
If a separation agreement meets all of the above requirements, it is an enforceable contract between spouses. If a separation agreement is incorporated into a final divorce decree, it then becomes part of the final divorce order and is enforceable by the Court. While a separation agreement can help resolve some marital matters without the need for litigation, it is not required in order to become separated in North Carolina. If you are interested in obtaining a separation agreement, the attorneys at Law Ley can help review and discuss these matters with you and tailor the agreement to your specific needs.
