If you and your spouse have recently decided to separate, you may be dealing with a fair amount of mental and emotional stress. You should not have to worry about the legal details of your separation as well, such as how to support your kids or how to divide your bank account with your spouse. Fortunately, a Wake Forest separation agreements lawyer from Triangle Divorce Lawyers may be able to help you handle your separation. One of our dedicated attorneys could sit down with you and review your specific situation. Then, we could draft an agreement that sets forth the terms of your separation, including details on property division and child support, in a way that satisfies all your needs.
A separation agreement is usually a contract between two spouses who are anticipating or planning a separation. The agreement often sets forth their various rights and obligations after the separation occurs.
Generally, North Carolina law permits separation agreements as long as they are consistent with public policy, according to North Carolina General Statutes §52-10.1. However, separation agreements must be in writing and signed by both spouses in the presence of a certifying officer such as a notary public in order to be considered valid.
A separation and property settlement agreement often covers one or more of the following areas:
For example, a separation agreement could establish that one spouse would pay the other spouse a certain amount of money each month for the purposes of supporting their children. Similarly, such an agreement could contain provisions for one spouse to receive support payments from the other.
In this way, a separation agreement can serve as a substitute for the litigation process that might otherwise be required. A Wake Forest separation agreements attorney may be able to provide more information on the different types of terms that could be included in a separation agreement.
Many separation agreements have terms specifically dealing with the amount of spousal support or alimony that one spouse may receive during the separation. According to N.C.G.S. §52-10, any separation agreement that releases or establishes rights regarding alimony or spousal support is valid, as long as the agreement is not unconscionable or in violation of public policy. In other words, two separated spouses are generally free to establish their own rules regarding spousal support, including eliminating such support altogether.
N.C.G.S. §52-10(a1) further states that any provisions regarding spousal support are valid even if the two spouses temporarily reconcile, as long as the provisions are clearly stated in writing and both spouses signed the contract before a certifying officer. Therefore, if a separated couple reconciles briefly and then separates again, their alimony or spousal support provisions would remain valid.
Those with additional questions on separation agreements and spousal support or alimony provisions in these agreements are encouraged to contact a separation agreements lawyer in Wake Forest for further information.
Although separating from your spouse may be difficult, it does not have to be acrimonious. A separation agreement may be helpful in establishing each person’s rights and obligations during the separation.
Our attorneys here at Triangle Divorce Lawyers are available to help with any kind of separation agreement you may need. A Wake Forest separation agreements lawyer from our firm could determine what kinds of issues you might face and draft an agreement that directly addresses those concerns.
Our legal team could work with you to ensure that your separation agreement fulfills your needs and wants. If you think you might need or want a separation agreement, call today to set up a case review.
Schedule a case review with our Director of Client Services.