Do You Need a Separation Agreement?

A separation agreement can save you time and expense while supporting you and your children’s rights throughout the separation process and into your post-divorce future. Taking the time to hammer out a solid separation agreement now is worth the effort. 

If you are moving toward a divorce in North Carolina, you and your spouse will need to be separated for a year before one of you can file. This separation can mean living in separate homes, but it can also mean remaining in your family home and living separate lives. While you aren’t required to have a separation agreement during this period, it can provide you with the structure you seek – along with the protection of your rights that you need – during the separation period and beyond. If you and your spouse are separating, consult with an experienced attorney today. 

Your Separation Agreement

Your separation can be something like a trial run for your divorce, and before your divorce can be finalized, you’re going to need to come to mutually acceptable terms on all of the following components of divorce (or the court will provide you with terms during the divorce process), including:

By reaching a separation agreement, you will have the opportunity to test out some of these terms and to determine if they are appropriate for your divorce – or if they need tweaking. Ultimately, you need divorce terms that protect your rights and that allow you and your children to smoothly transition into your post-divorce future. 

The Benefits Of A Separation Agreement

Your separation agreement, once signed and notarized, becomes a legal document that will be upheld by the court. Having a separation agreement can provide you with distinct advantages throughout your separation and beyond. These include:

  • Flexibility – While your separation agreement is a contract, which means that the court can enforce the terms therein once you’ve both signed off on it, you have the flexibility within your separation period to work on the terms and to find a middle ground that you are both comfortable with. If you’re unable to do so, then you can look to the court to hand down decisions during the divorce process.
  • Privacy – You and your spouse – and your respective attorneys – can negotiate your separation terms privately, and the information therein will remain private. If your divorce goes to litigation, however, your divorce proceeding will be a matter of public record. Many people find the privacy of a separation agreement highly motivating. 
  • Less Time and Money – If you and your divorcing spouse are able to find mutually acceptable terms that you are both willing to sign off on, you can bypass the financial drain and extended timeline that litigating a divorce demands.

An Experienced Charlotte Family Law Firm Can Help

A thoughtful, well-considered separation agreement can help save you time, expense, and stress, and the dedicated attorneys at Blood Law in Charlotte can help you negotiate terms that address your family’s unique needs while protecting your rights. At Blood Law, our focus is family law, so please don’t hesitate to contact us online or call us at (704) 286-0570 today.