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At Routh Law, we offer a full suite of family law services including assistance drafting legal documents such as separation agreements, premarital agreements, and postnuptial agreements. At Routh Law, we are available to assist our clients in the drafting of legal documents. Contact us today to schedule an initial consultation.
To be eligible for a divorce in North Carolina, spouses must live separately for at least one year and at least one spouse must intend for separation to be permanent. A legal document detailing the separation is not required.
Still, some spouses decide to enter into a separation agreement. A separation agreement is a private contract that includes terms related to the separation. These agreements can provide information about which spouse is responsible for bills, which spouse will live in the marital home, where children will live, and other similar matters. Separation agreements can also include terms related to the division of marital property and child support.
While not required, a separation agreement can help spouses resolve many issues that are involved in a divorce. By coming to an agreement on many of these terms, spouses can make decisions that are best for them and their family without the need for litigation.
A premarital agreement, also called a prenuptial agreement or prenup, is an agreement that outlines what will happen between a couple if they get divorced. This document is drafted before the couple is married.
Specifically, premarital agreements are often focused on rights to property and entitlement to alimony after separation. This can help avoid complex divorce proceedings if either spouse seeks a divorce.
However, premarital agreements cannot contain limits on child support or any details about child custody. These can only be determined as part of the divorce process, or as part of a separation agreement.
A postnuptial agreement is similar to a premarital agreement, but is entered into by a couple who is already married. Similarly to a premarital agreement, a postnuptial agreement is limited in scope to issues related to property and alimony.
It cannot extend to child custody, child support, and other such provisions, which are determined as part of the legal separation and divorce process.
In most cases, separation agreements are negotiated between attorneys who are experienced in divorce and other related family law matters. By working with a family law firm like Routh Law, spouses can create an agreement that fully meets the specific needs of their family without litigation.
Separation agreements are private contracts. To be valid, separation agreements must be in writing, they must be signed by both spouses, and both signatures must be notarized.
Separation agreements are not required by law, but these agreements can be tremendously empowering for spouses going through divorce. Separation agreements set clear expectations for both spouses about who will be responsible for things such as bills, child care, and the family home during separation. In addition, separation agreements can help spouses work through issues such as property division, child custody, child support, and spousal support without litigation. Couples may ask that a separation agreement be made part of the final divorce order.
Similar to separation agreements, prenuptial agreements must be in writing and signed by both spouses prior to marriage. Prenuptial agreements can provide terms terms related to property rights, entitlement to alimony, and inheritance rights, however, these agreements cannot limit child support.
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