You are not required to retain a lawyer, but once the separation agreement is notarized and signed, it becomes a binding contract under North Carolina law and is difficult to modify. Taking that into consideration, it is advisable to consult with an experienced family law attorney to help you draft a separation agreement that protects your rights as set forth in North Carolina’s frequently...

If one spouse violates the separation agreement, the other spouse can seek to have it enforced. How the enforcement is done depends upon whether the agreement is simply a private contract between the couple or whether it became part of a court order. If the agreement is a private contract, the spouse who violated the contract can be sued for breach of contract in civil court. The harmed spouse...

While separation agreements are not required for a divorce in North Carolina, they are immensely helpful in defining what is expected of each spouse, and what their rights and responsibilities are. They are beneficial in a number of other ways as well. Cost savings is a big factor in having a separation agreement. It is faster and less expensive to work out the issues of separation privately...

When a couple – or one of the spouses – decides the marriage is over, it is smart to work out a separation agreement if the parties can agree on the terms. It can include issues such as child custody and support, division of property and spousal support. The contract can include anything so long as it is not illegal. It can facilitate the eventual divorce proceedings and limit the need for...