Separation agreements are complex documents. It is important to seek legal consultation in your area when involved in the drafting or negotiation of a separation agreement. One of our divorce lawyers recently listed 10 important things to keep in mind regarding separation agreements in North Carolina. In short: separation agreements are usually a cost-effective and less contentious way to resolve legal matters when compared to litigation; timing of signing the agreement is important; incorporating vs. not incorporating the agreement is a big decision that can have a major impact on the agreement moving forward; in some situations, it may make sense to split the terms of an agreement between a separation agreement and a consent order of the court; a separation agreement contains a number of relevant provisions and terms affecting the rights of married couples and is a good idea even if there are no major issues outstanding; a separation agreement must be entered into voluntarily; the power of discovery is not present unless a lawsuit has also been filed; there are a number of defenses to enforcement of a separation agreement; and reconciliation can have a major impact on the terms of a separation agreement.
For a more in depth discussion of each point, visit the full blog using the link above.
Hunter & Hein, Attorneys at Law, PLLC