A separation agreement is different from a real estate bill because it can contain all the conditions that the parties accept as long as they are not opposed to public policy. Terms and conditions include child care, child care and child support agreements. Unlike a real estate transaction, a separation agreement can only be reached if the parties have already separated or intend to separate immediately after the contract is signed. “post-separation assistance,” a temporary form of sped assistance provided by a spouse to a dependent spouse who needs help after separation but before divorce. The following blog gives a comprehensive overview of complex legal issues, should not be used as legal advice and should not be a complete overview of separation agreements. When developing a separation agreement, it is important to consult the appropriate lawyer. The law firm Prism Family Law Firm is available for separation agreements in the greater Charlotte, NC, including the boroughs of Mecklenburg and Cabarrus. PREPARATION OF THE AGREEMENT. No lawyer can represent a man or a woman in a separation contract.
It is best to have two lawyers involved, one to advise each partner. In this way, the husband and wife know that they have received independent legal advice for their individual circumstances from a lawyer who has no conflict of interest when representing two clients with different objectives and needs. A separation and settlement agreement (commonly known as a “separation agreement”) is a legally binding contract between spouses that resolves all issues arising from the termination of marriage. A separation agreement may govern the distribution of assets and liabilities, assistance after separation and subsistence, custody of children and custody of children, and the renunciation of rights to third parties. In other words, a well-developed separation agreement allows the outgoing parties to agree in private, all the same issues that a court can decide. The advantages are multiple: it is much faster, costs much less, allows flexibility and creativity (which does not go to court), and is private (complaints, and all documents used as evidence in them, are part of the public registration, accessible by anyone – including your children).