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This is a written contract between the spouses and can cover all or some of the issues involved in their separation and eventual divorce.And because a Separation Agreement and Property Settlement is a legally binding contract once it is signed by both spouses and notarized, it is important to consult with an attorney to fully understand your rights under NC statutes and separation laws before entering into any such contract.
The agreement can also specify who will pay what debts.You should understand that an attorney is bound by the legal profession's code of ethics to represent and advocate for the best interests of a single party.The wife's attorney, for example, cannot serve as the legal counsel for the husband since it is presumed that each spouse's interests are different and conflicting.Many issues in a couple's legal separation and divorce can be resolved through a Separation Agreement and Property Settlement.Only the actual divorce cannot be granted because only a court can grant such an order.Legal separation occurs, for the purposes of eligibility for divorce, on the date when one or both spouses move into a separate residence with the intent of living apart permanently.
You do not need a separation agreement, nor do you have to file any papers or documents to be separated in North Carolina.You are advised to hire an attorney to handle your settlement negotiations if: PLAN AHEAD: Before meeting with an attorney to discuss an eventual separation from your spouse, think about what your priorities and objectives.For example, do you want primary custody of your children and ownership of the marital home and its furnishings to provide some continuity for your children?All separation agreements in North Carolina must be notarized, and once they are notarized they can be enforced as a contract in court.An oral agreement between spouses cannot be enforced in court, so getting a separation agreement in notarized writing is strongly suggested.Unlike a property settlement, a separation agreement can only be made when the parties have already separated or intend to separate immediately after signing the agreement.