Legal Separation Agreements

Separation Agreements are contracts between a husband and wife that resolve issues such as property division, spousal support, child custody and child support, among other issues. The benefit of separation agreements is that they are a means of settling all issues outside of court proceedings. If you choose to convert the separation agreement into a court order, you may do this by incorporating the separation agreement into the terms of your divorce judgment. Separation Agreements must be signed by both parties and notarized by a certifying officer to be valid. A “breach of separation agreement” filed in the courts is the proper action in the event one of the spouses fails to comply with the terms of their agreement. A separation agreement between spouses does not mean that you are divorced. To be divorced in North Carolina spouses must be separated for one year prior to filing for divorce. Spouses are “separated” when they are physically no longer living in the same home and at least one spouse has the intent to end the marriage. Further, parties may enter into Postnuptial Agreements after they are married and before they are separated for purposes of property division only