Seperation Agreements

A separation agreement is a written contract between a husband and a wife, signed by both parties before a notary when the parties have agreed to separate permanently. The agreement is designed to settle any property, debt, alimony, child custody, visitation, insurance, tax, and child support issues that may lie between them. Each agreement is unique and can address other issues including the incorporation of a parenting agreement or pet custody agreement.

Prior to signing a separation agreement, the entry of a divorce from bed and board, another order of the court dealing with specific marital issues, or the grant of an absolute divorce, the parties to a marriage maintain all rights of a spouse including, but not limited to, insurance benefits, inheritance, and social security benefits. It is important to identify all issues that are or are not effected by separating pending the dissolution of the marital union.

Separation agreements are not required in North Carolina. In fact, there really is no such thing as “legal separation” in our state. While state law requires that couples be physically separated for one year before filing for divorce, there are no forms to file with the courts.

At The Hopper Law Firm, we understand the complexities of North Carolina laws. It is wise to consult with an experienced family law attorney when drafting a separation agreement, because once both parties sign it, it is considered a binding contract in the eyes of the law. The agreements could be used to formalize the division of property and obtain orders for custody, visitation and spousal support.

Property Distribution

A separation agreement is a written contract between a husband and a wife, signed by both parties before a notary when the parties have agreed to separate permanently. The agreement is designed to settle any property, debt, alimony, child custody, visitation, insurance, tax, and child support issues that may lie between them. Each agreement is unique and can address other issues including the incorporation of a parenting agreement or pet custody agreement.

Prior to signing a separation agreement, the entry of a divorce from bed and board, another order of the court dealing with specific marital issues, or the grant of an absolute divorce, the parties to a marriage maintain all rights of a spouse including, but not limited to, insurance benefits, inheritance, and social security benefits. It is important to identify all issues that are or are not effected by separating pending the dissolution of the marital union.

Please refer to the information on Equitable Distribution for a more complex review of the division of marital property.

For more information about Separation Agreements, or should you have questions regarding your individual situation, please Contact Us today to schedule a consultation with one of our highly skilled Family Law attorneys.

Prior to your appointment, you may wish to download and complete our Family Law Intake form to bring with you when you come.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.

Related Topics

Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.