Separation Agreement

Miller Bowles Law

Miller Bowles Law has Charlotte separation attorneys with the experience, skill, and dedication to help with your North Carolina separation agreement. Contact us to schedule a consultation.

A separation agreement is a contract between spouses providing for settlement of issues arising out of the marriage other than property rights. The separation agreement must be executed while the parties are separated or planning to immediately separate. The purpose of a separation agreement is the parties’ intention to live separate and apart forever. There is no requirement that spouses who separate must eventually be divorced. Some spouses separate and never divorce; some spouses separate and divorce as quickly as is possible under the law.

A separation agreement must be:

  1. Consistent with public policy;
  2. Executed by persons of full age about to be married or by married persons;
  3. Must be written; and
  4. Acknowledged by both parties before a certifying officer.

Your separation agreement can include property settlement and alimony provisions. When these provisions are included in the separation agreement, you can avoid going to Court to litigate these issues. Most people see a separation and property settlement agreement as a cost-effective way to handle the dissolution of their marriage along with the division of their property and spousal support rights. This can certainly be the case in many situations. However, keep in mind the nature of the separation agreement–it is an agreement. If your spouse will not agree to the terms set forth in the separation agreement, you cannot force him or her to sign the agreement. Oftentimes a spouse will refuse to sign an agreement because they believe the terms of the agreement to be unfair or one-sided. In those cases, their reluctance to sign the agreement can often be aided by them seeking independent legal counsel to advise them of their legal rights as compared to the provisions of the separation agreement.

The attorneys at Miller Bowles can help you determine whether a separation agreement is necessary in your case, and if one is, can draft and negotiate the terms of the agreement. We have a notary public on staff who is available to certify your signature on the agreement.