Legal Question in Family Law in North Carolina

Is a separation agreement legal, if it is notorized?


Asked on 4/18/12, 12:54 pm

2 Answers from Attorneys

As long as the agreement is fair and provides for full disclosure of asset and is signed by both parties and notarized, it is valid. To make sure, I would see a family law attorney and have your spouse do the same. The agreements are not all that expensive and by having it done by an attorney it will be done right. While it would be tempting to have one attorney represent both of you, most attorneys will not do that. You should each have your own counsel. If only one of you can afford it, then one of you should seek an attorney and the other should have the agreement reviewed by an attorney to ensure that it is fair.

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Answered on 4/19/12, 8:02 pm

PS:

NC Gen. Statute � 52‑10.1. Separation agreements.

Any married couple is hereby authorized to execute a separation agreement not inconsistent with public policy which shall be legal, valid, and binding in all respects; provided, that the separation agreement must be in writing and acknowledged by both parties before a certifying officer as defined in G.S. 52‑10(b). Such certifying officer must not be a party to the contract. This section shall not apply to any judgment of the superior court or other State court of competent jurisdiction, which, by reason of its being consented to by a husband and wife, or their attorneys, may be construed to constitute a separation agreement between such husband and wife.

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Answered on 4/19/12, 8:04 pm


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