Divorce Agreements


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.

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Separation agreements

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.

Maria and Christina
Maria and Christina

Premarital agreements

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.

Maria and Christina

Frequently Asked Questions

How do I get a separation agreement?

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.

What makes a separation agreement valid?

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.

What are the benefits of a separation agreement?

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.

What are the requirements for a valid prenuptial agreement?

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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Kelly is very responsive and knowledgeable. Going through this process was very difficult and she was there every step of the way. Any time I had a question, she was there to answer and walk me through it. If you want someone who will be by your side every step of the way, Kelly Routh is the attorney for you!


Amazing! 5 stars is not enough to describe the professionalism, knowledge, and determination of Kelly and Brittany. Kelly agreed to take my case after I was run around for 15 months by another Charlotte attorney. I explained my situation and my frustration and Kelly took my case as if she was there from day one. Her knowledge and experience gave her the upper hand and finished my case in just a few months. Without Kelly, I don’t know where my case would be right now. I do know that I went from paying $1750 per month to $750! Kelly is amazing and I would highly recommend her to anyone. She is the best attorney in Charlotte.


If you are reading this review then you have come to the right place for one of the best, if not the best family law attorneys for the greater Charlotte area! As a repeat client, it has been a pleasure having Kelly represent me during not-so-pleasant times. She has all of the attributes one could ask for in an attorney period. Look no further for an attorney that is clear, concise, flexible, and willing to represent you the way you want to be represented.

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