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. A separation agreement is not necessary to be legally separated from your spouse. However, a separation agreement can resolve many of the legal issues related to the end of a marriage. For example, you can decide how to divide your property and whether one of you pays the lower limit of the other. In some cases, spouses may request that the separation agreement be part of their final divorce decision. Spouses who are able to resolve separation issues through a separation agreement can make these decisions themselves and avoid having to go to court.
2. Alimony usually ends with the death of one of the two parties or the remarriage of the recipient/beneficiary (usually the wife). Sometimes clients have added a maintenance condition provision in a separation agreement that the Aimony ends even when the recipient begins to live with an unrelated person of the other sex on a regular basis, as if they were husband and wife. Given today`s social changes, it would not be a bad idea to say that payments are suspended when the recipient`s romantic cohabitation with a person, either the opposite or the same sex. · There is no law for a separation couple to execute a separation agreement; but it is a smart idea when there are debts, children, support rights or assets involved and the parties want to settle these issues in writing. · A separation agreement is not evidence of the separation of the parties. It is not necessary for a divorce in North Carolina, and it makes a divorce in North Carolina no easier or more difficult to obtain. Can a separation agreement include decisions on child custody and child care? A separation agreement is a legally binding contract between the parties concerned.
The terms of the agreement cannot be changed by oral agreements between the parties. Any change in the terms of a separation agreement must be agreed between the parties and taken into account in a new separation agreement or an amendment to the original separation agreement and recognized before a certifier (. B for example a notary). In addition, a court generally does not have the power to amend the terms of a separation agreement, with the exception of the terms relating to custody and custody of the children. COLLEGE FEES. Although a North Carolina judge cannot order a party to pay child benefits at university, a separation agreement can create promises of college fees that become a binding and enforceable contract. Given that university is now less of a luxury and more of a necessity, it would be a good idea to think about what should be in the university clause.