Free North Carolina Marital Separation Agreement

Stripping the Band-Aid Slowly Through Separation Agreements in North Carolina

The fate of marriage is unpredictable, and sometimes, that which you fight hard for has to end or halt. In North Carolina, married couples can get a breath of fresh air as they rethink the fate of their marriage by getting a marital separation agreement.

North Carolina Marital Separation Agreement

For the separation agreement to be effected, the married couple will have to move into separate residences, and they should intend to live apart and separately. But, to be on the safe side of the law, it is advisable that couples consult family law attorneys before the actual separation. Getting professional legal help is necessary for the drafting of the Separation Agreement and Property Settlement. In North Carolina, the courts approve separation agreements as a form of legal separation. But, they aren’t called legal separation.

So, what is a separation agreement?

It is a written contract between the spouses. The agreement covers all or most of the issues often involved in the couple’s legal separation, and in eventual divorces.

The Separation Agreement and Property Settlement is a legally binding contract that takes effect once it is signed by both spouses and after its notarization. It is, therefore, vital that you have a practicing family law attorney guide you through to process and for you to understand your rights under the North Carolina statutes, as well as the separation agreement laws before you enter into this contract.

  • You also need an attorney if:

    • You have radically different priorities

    • You have an acrimonious relationship with your spouse

    • You are ill-informed about the value of your marital assets

    • You are at a disadvantage on the negotiation table

Separation is only effective when you live in separate residences. An exception to this rule, a rare one, is where couples live together when separated but they lead independent and unconnected lives with no overlaps or common areas.

The elements of the separation agreement

  • The North Carolina Separation Agreement has terms that both parties agree to, as long as the terms are not against public policy. The common terms covered include:

    • Child support and custody

    • Alimony

    • Property division (cars, jewelry, and intangible property)

    • Pensions

    • Life insurance

    • Debts

What makes North Carolina Special?

It is one of the few states that allow spouses to keep the property agreements, child support documents, and alimony documents private. These separation agreements must be notarized. Only after the notarization of the documents can they be enforced as a contract in the court.

Note that an oral agreement between spouses isn’t enforceable in a court.

Legal separation as a prerequisite for a divorce

In North Carolina, just like the other states, there are legal separation laws. But in North Carolina, the laws are a little different. Legal separation is a prerequisite for filing a divorce. For you to qualify for an absolute divorce, you have to be legally separated for a minimum of one year and one day. Legal separation makes you eligible to apply for a divorce. This starts from the day you both decide to live apart for good.

Noteworthy is the fact that you do not require a separation agreement, you don’t have to file any papers/ documents to be separated. But, just having a separation agreement doesn’t create a case of legal separation.

  • Reasons for wanting a Separation Agreement and Property Settlement

    • You can decide how to divide your marital property

    • You decide on child and spousal support

    • You can create a child custody schedule which you will both follow.

    • Also, you can resolve all these without the costly litigation associated with legal separations and divorce.

    • It is also less costing emotionally

    • As a couple, you have controlled the negotiations and the outcome.

If you’ve made up your minds and you ready to proceed with the separation, fill in your marital separation agreement form here today!

Whether you live in Charlotte, Raleigh, Greensboro, Durham, Winston-Salem, Fayetteville, Cary, Wilmington, High Point or any other city of North Carolina, you can use our legal forms easily.