The purpose of this handout is to assist you in answering questions that you may have regarding separation agreements. It is, of course, impossible to answer all of your questions in a short brochure such as this, so we want to encourage you to ask other questions of your lawyer at the appropriate time. Feel free to take this handout with you so that you may refer to these answers from time to time and have a better idea of how your case is being handled. No law requires a separating couple to execute a separation agreement, but it is a wise idea if there are debts, children, support claims or property involved and that parties want to settle these matters in writing.
Oral promises are worthless and unenforceable.
A. A separation agreement is a contract between a husband and wife in which they resolve such matters as property division, debts, custody and support when they separate from each other. It is best to have your own attorney prepare it for you. The separation agreement is not valid in North Carolina unless both parties have signed and their signatures are notarized. Never try to prepare such a complex and important document yourself - this is a job for a specialist. A couple that is separating can agree on a division of property in their separation agreement, and that agreement will be binding on them.