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What A Separation Agreement Can Do
Spouses may agree in writing on all aspects of separation from alimony to child support. To create a valid separation agreement, the agreement must be in writing and acknowledged by both parties in front of a certifying officer. The key to a valid separation is that it be fair and obtained without duress. It is very important to obtain legal representation to make sure your agreement covers all possible aspects of your situation. And even though parties can agree on custody and support of children, courts are not bound by the child’s involvement in a separation agreement.
There are also other aspects to separation agreements that involve the ability to later modify the writing. If a contract agreement is submitted to the court, it becomes a court order and is modifiable and enforceable by contempt. Otherwise, if not submitted to the court, the agreement is only enforced by an action for breach of contract with certain terms being non-modifiable.
A good separation agreement includes the details about how the parties will act in almost every imaginable situation that may arise in the future. Well drafted agreements also provide for a fair and balanced division of any property. And depending on the position a party takes, legal representation is important to ensure the agreement is a fair one.
Disclaimer: The information contained on this page is merely for educational purposes only. There are certain statute and case law not included here that you may need to consult. No legal advice is being given to the viewer of these webpages. No attorney client relationship is created between you, the reader, and the attorney named in this website. An attorney client relationship is only created between you and the attorney after you have met with the attorney in-person and the attorney has agreed to represent you. As in any case, the facts and circumstances of each client may change the outcome of the case. And always, the law in North Carolina is continuously changing and being updated. Schedule an appointment to talk with an attorney before you take any legal action.
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