Legal Question in Family Law in South Carolina

Seperation Agreement

My wife and I have seperated. We have no children and have agreed on all points of the property and finances. Is it legal for us to make our own agreement with witnesses and have it notarized without going to the court system until our waiting time for the divorce is over?


Asked on 12/01/08, 12:33 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Seperation Agreement

While you can try that approach, you won't have any protection if she changes her mind and decides later that she wants more. Only once the agreement has been approved by the Court does it become final and binding.

The few dollars that you are trying to save now could end up costing you much more in the long run. If your case is as simple as you believe it to be, then it should not cost you much to have it done the right way.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 12/01/08, 4:47 pm


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