Free North Carolina Marital Separation Agreement

SEPARATION AGREEMENT THIS SEPARATION AGREEMENT (the "Agreement") dated this _____________of _____________, 20___.


    BACKGROUND:
  1. ________________ and ________________ (collectively the 'Parties' and individually a 'Party') were lawfully married on ______________ _________, ____________________, in ______________, North Carolina. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  2. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  3. The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
  4. The Parties have each consulted an attorney with regard to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  5. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both Parties confirm that they are in sound mental health.

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

    LIVING SEPARATE AND APART
  1. The Parties have lived separate and apart since ________________________________. Neither Party will attend the other's living space or work without invitation or approval.
    CHILDREN
  2. There is one child of the marriage, namely:

Name: Date of Birth:
____________________ _____________ _____________, ____________________
  1. Regular visitation schedule:
    ______________________________________________
  2. Vacation visitation schedule:
    ______________________________________________

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.

SIGNED by ________________
In the presence of:

SIGNED by ________________
In the presence of:

THE STATE OF NORTH CAROLINA
COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, 20___.

THE STATE OF NORTH CAROLINA
COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________,20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF NORTH CAROLINA
COUNTY OF ____________________

I, _______________________________, of the City of ___________________________, in the State of North Carolina, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of _________________, in the State of North Carolina this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF NORTH CAROLINA
COUNTY OF ____________________

I, _______________________________, of the City of _________________________, in the State of North Carolina, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of __________________, in the State of North Carolina this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.

Understanding Separation Agreements in North Carolina

North Carolina legal separation laws are a little different than other states. In North Carolina, the legal marital status of a couple does not change during a marital separation. A separated couple is still “legally married,” and a Marital Separation Agreement is an important step in the process.

North Carolina Marital Separation Agreement

North Carolina requires that a couple be separated for a period of one year and one day, in order to qualify for a divorce. Though North Carolina does not recognize “legal separation” as a distinct legal status in between marriage and divorce, Separation Agreements between spouses, like the North Carolina Separation Agreement and Property Settlement we offer above, is recognized and binding by law.

Separation is only effected when you live in separate residences and live separate lives. Just having a Separation Agreement does not create a case of legal separation.

What is a Separation Agreement?

It is a written contract between the spouses. The agreement covers all or most of the issues often involved in the couple’s separation, and in eventual divorce. Oral agreements are not enforceable in court.

The Separation Agreement and Property Settlement is a legally binding contract that outlines the rights and responsibilities of each party during the separation. The Agreement takes effect once it is signed by both spouses and notarized. You may wish to have a practicing family law attorney guide you through the legal separation process, and for you to understand the North Carolina statutes and Separation Agreement laws before you enter into this contract.

The Elements of a Separation Agreement