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Nc Separation Agreement Statute

May 22nd, 2022 · No Comments

When going through a separation or divorce, it is important to have a clear and legally binding agreement in place to outline the terms of the separation. In North Carolina, this agreement is called a separation agreement and is governed by Chapter 52C of the North Carolina General Statutes.

A separation agreement is a legally binding contract between spouses that outlines the division of property, spousal support, and child custody and support arrangements. It can be entered into before or after the separation, and it can either be a “separation agreement” or a “property settlement agreement.”

The North Carolina separation agreement statute sets out the requirements for a valid and enforceable agreement. The statute provides that the agreement must be in writing and signed by both parties in the presence of a notary public. The agreement must also be filed with the court to make it enforceable.

The separation agreement can cover a wide range of issues, including the division of property and debts, spousal support, child custody and visitation, and child support. It can also include provisions for the sale or transfer of property, the payment of debts, and the handling of taxes and insurance.

One important consideration is that a separation agreement cannot waive or limit a parent`s obligation to pay child support. The agreement can, however, establish the amount and terms of child support payments.

In North Carolina, a separation agreement can also include a provision for a “divorce from bed and board.” This is a legal separation that allows for the resolution of property, debt, and support issues without ending the marriage. A divorce from bed and board does not allow either spouse to remarry, however, and it can be converted to a full divorce only after a one-year separation.

Overall, a separation agreement is an important tool for spouses who are separating or divorcing in North Carolina. By outlining the terms of the separation, this agreement can help avoid disputes and provide certainty for both parties. If you are considering a separation or divorce in North Carolina, it is important to consult with an experienced family law attorney to discuss your options and ensure that your rights and interests are protected.

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