What Is a Marital Separation Agreement?
A marital separation agreement is an agreement between a husband and wife to settle significant issues that emerge when a couple chooses to separate or divorce. These issues include:
- Separating jointly claimed property
- Giving spousal support
- Giving child support.
Must a Marital Separation Agreement Be Filed in Court?
A marital separation agreement doesn’t need to be documented in court to be legally official on the husband and wife. The agreement is essentially similar to a contract between two individuals. For whatever length of time that the husband and wife are legally ready to go into a contract, they can settle on a marital separation agreement. Note that a few states require the agreement to be notarized so as to be enforceable.
In the event that the couple chooses to get a divorce, they can request that the court settle on the marital separation agreement part of the last judgment legalizing the divorce.
In what manner Can a Marital Separation Agreement Be Enforced?
In the event that the couple doesn’t document the agreement in court, it is as yet enforceable like some other contract. On the off chance that either companion violates the agreement some way or another, the other life partner basically has two choices:
- Sue for break of contract and recoup cash harms.
- Request the court to order explicit performance, driving the breaking life partner to pursue the agreement.
In the event that the agreement was made a piece of the last divorce judgment, it turns into an official court order. Like other court orders, on the off chance that it is violated, the companion can be held in contempt by the court.
Do I Need a Lawyer to Draft a Marital Separation Agreement?
Each couple’s circumstance is unique, and includes diverse legal issues that must be considered when the couple separates. A North Carolina family law attorney can help you in the many steps associated with a legal separation, including drawing up an enforceable marital separation agreement, and helping you choose which heading to take your case.