Separation Agreements

What is a separation agreement in North Carolina? A separation agreement is a contract between a husband and a wife, which specifies the terms upon when they will live apart. Typically, a separation agreement governs issues such as the division of property, alimony, child custody, and child support. In North Carolina, the parties are free to arrange and negotiate the terms of the agreement as they see fit.

What makes a separation agreement valid? In North Carolina, a husband and wife do not need the approval of a judge to make a separation agreement valid. Many states do require this. Instead, as long as both parties agree to the terms, sign the contract, and it is notarized, the separation agreement is valid and enforceable by breach of contract.

What is the benefit of entering into a separation agreement? A separation agreement determines the issues surrounding divorce much faster, less expensive, more privately, and with a whole lot less stress than litigation. That’s exactly why the majority of married couples choose to end their marriage by way of separation agreement as opposed to litigation. Additionally, it gives the parties more control over the terms of their separation than leaving these decisions to the discretion of a judge.

What happens if a party violates a separation agreement? A separation agreement is a contract, just like any other contract. It is enforceable by bringing a lawsuit for breach of contract. When bringing such an action the court may order specific performance of the contract, an award of monetary damages, and attorney fees for having to bring the action.

Do I need a separation agreement and how do I go about getting one? The first step would be to schedule a consultation with a family law attorney. A family law attorney will be able to advise you as to whether you need to have a separation agreement drafted. If you do need a separation agreement drafted, a family law attorney will be able to draft this for you upon collecting information regarding your marriage, finances, and children.

If you need to speak to a family law lawyer regarding divorce and separation agreements, contact Adkins Law. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Mecklenburg County, and the Lake Norman area. 

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