Separation Agreement and Property Settlement
Once spouses have come to an agreement on some or all of the issues involved in a separation and divorce, the agreement should be reduced to writing and signed by both spouses. North Carolina closely regulates contracts entered between spouses. North Carolina General Statute Chapter 52 governs the agreements between spouses after date of marriage.
Contracts between spouses can be easily voided by not following the statute or by not being aware of recent case law. Some spouses draft their own agreements or get a form off of the internet to sign, but these are rarely enforceable. This means it is as if the contract was never signed.
Separation Agreements and Property Settlements can include division of property and debts, child custody and child support, spousal support and a number of other provisions that sever financial ties. These agreements usually include provisions allowing spouses to buy and sell property as if they are unmarried and to renounce inheritance rights.
An attorney can negotiate the contract for you, or if you and your spouse have come to an agreement, she can draft the agreement and ensure that it is signed properly. If you need legal help in Franklin County or the surrounding counties, Ms. McCray would be glad to meet with you to discuss your options.
Click here to contact attorney Gena McCray or call us at (919) 497-0091 for more information.