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To speak with one of our Charlotte attorneys regarding drafting, reviewing, or enforcing your separation agreements call us today at 704-412-1442.
A separation agreement may address and resolve all divorce related matters, or just the few that you and your former spouse are currently seeing eye to eye on. There is no best time to create a separation agreement (although NC law and case law requires that the agreement be executed either after separating or immediately before separating). If you and your spouse are separated, have an amicable separation, and are currently communicating well about your divorce related matters, now may be the best time to consider memorializing your agreement in writing before things potentially become sour down the road. People often understandably fall into the trap of assuming things will continue to be amicable with an ex and don't think it necessary to put things into writing until things go bad, at which point negotiations may be much more heated and therefore much more costly.
***NOTE: When drafting a separation agreement, it is very important that the document complies with NC law regarding the actual content included, the surrounding circumstances, and the timing and manner in which the agreement is executed. Failure to do so may result in the document being un-enforceable in the future.
A valid separation agreement is an enforceable contract between the parties involved. If one party refuses to comply with a provision as laid out in the separation agreement, the other party may have to pursue legal action in order to enforce the terms of the agreement. The method by which a party may enforce a separation agreement in North Carolina depends in part on whether or not the agreement was incorporated into the final divorce decree between the parties.
A separation agreement that has NOT been incorporated into the parties' final divorce decree is a private contract that may be enforced through North Carolina contract law and the remedies available therein. These potential remedies include "specific performance," "breach of contract," and potential "monetary damages."
A separation agreement that has been incorporated into the parties' divorce decree is essentially converted into a court order and may be enforced through the contempt powers of the court having jurisdiction over the matter. The party seeking enforcement of the separation agreement would file either a "contempt" or "show cause" action in an attempt to force compliance.
Regardless of the method used to enforce a separation agreement, there are always defenses available to the alleged non-complying party. For more, see our page on the enforcement of separation agreements and court orders.
How we can help.
Our attorneys are prepared to help with all aspects of separation agreements, including:
* Draftingyour separation agreement.
* Negotiatingyour separation agreement.
* Reviewingyour separation agreement.
* Enforcingyour separation agreement.
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BLOG: View our family blog here.
To speak with one of our Charlotte attorneys regarding a separation agreement, call us at 704-412-1442.
Our Charlotte based divorce attorneys are experienced with the issues and laws that come into play when drafting and enforcing a separation agreement in North Carolina. If you have questions regarding the information on this page, or would like to speak to an attorney regarding your particular issue, contact us at 704-412-1442 to speak to one of our divorce lawyers today. We can help.
A Separation Agreement is a good idea, regardless of how contentious a separation or divorce may be, as oral promises between spouses are not enforceable in North Carolina. Separation Agreements are powerful documents in that they may resolve all outstanding divorce-related issues besides the actual divorce, including property division and the distribution of assets/liabilities, alimony and spousal support, child custody, and child support. Drafting a thorough Separation Agreement can save you and your spouse a good deal of money, time, stress, and energy versus handling these matters in a courtroom. Further, by negotiating a Separation Agreement, you have the power to control the terms of the agreement, rather than relying a judge's discretion to dictate the resolution of the issues related to your separation and divorce.
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