Nc Marriage Separation Agreement

Implementation. Violation of a separation agreement, if not recorded in a divorce decree, is due to an action in the event of a breach of contract. Available remedies include criminal damages, injunction and special benefit (i.e., a court order ordering a party to comply with the commitments made in the agreement). Non-compliance with the Tribunal is not available because of a violation of a sanitized agreement, the contempt being the non-compliance of a court decision without legal justification. However, contempt is possible when a party violates an agreement that has been included in a court order or decree. When developing a separation agreement, be sure to include a clause allowing the court to charge legal fees and fees to the party who is to bring an enforcement action. In North Carolina, there is a presumption that all real estate acquired during marriage is divisible in the same way. We think that`s fair. Other divisions, such as 60-40 or 75-25, are certainly legal if the parties agree that the division is fair and equitable, or where the judge makes findings in the property allocation settlement that warrants unequal division. The divisible property in North Carolina is called marital property. With a few exceptions, this is all that was acquired during the marriage and before the separation. Exceptions are separate assets, that is, property that cannot be divided by the court and that belong to a single party as soleholding property. Examples of separate ownership are: focusing on your first priority and your spouse`s highest priority are extremely important tactics, too often overlooked in separation negotiations.

After a full year of separation. In NC, you must be separated for at least a full year before you can file for divorce. PREPARATION OF THE AGREEMENT. No lawyer can represent a man or a woman in a separation contract. It is best to have two lawyers involved, one to advise each partner. In this way, the husband and wife know that they have received independent legal advice for their individual circumstances from a lawyer who has no conflict of interest when representing two clients with different objectives and needs. 3. We can give up Alimony. It is always better to clearly define this concept in the agreement. Don`t leave it out or silence agreement on this issue. The waiver of support is such an important concept that it should be clearly articulated in the agreement to avoid any misunderstanding. It can be a difficult process, and I encourage you to consult a lawyer before compiling it.

With a good separation agreement, you can start moving towards a more stable part of your life and recompose pieces.