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Raleigh Separation Agreement Lawyers

A Separation Agreement is a binding contract in the State of North Carolina and thus is enforceable by an action for breach of contract and specific performance. The requirements for a valid Separation Agreement in North Carolina are as follows:

  • A separation of the parties must have occurred or the separation must immediately follow the execution of the agreement.
  • The Separation Agreement must be reasonable, equitable and fair to both parties, considering the condition and circumstances of the parties at the time it was made.
  • The Separation Agreement must be in writing properly notarized.

Separation Agreements may also be, and often times are, executed with a property settlement agreement. In the absence of a premarital agreement the rights and obligations of the husband and wife, which arose as a result of the marriage, are not affected by the separation until such time and either they agree on the resolution of those rights and obligations or a judge rules on those issues for them.

A Separation Agreement, when properly drafted, can be a valuable tool for parties as they separate. One of the most important functions of a separation agreement is that it allows the husband and wife to mutually agree to the terms of their separation without the intervention of a complete stranger, the judge, deciding issues for them. Another advantage of the Separation Agreement is that it typically takes less time than litigation and it is almost always more cost effective as well.

If you are going through a separation and would like assistance with your separation agreement, please contact Marshall & Taylor today for a confidential assessment. We’re here to help you.