My husband and I are amicably separating after 3 years of marriage. He moved in with me and my son from a previous marriage, into a house I’d owned solely. We agree on division of property and all other issues. I have the text of a standard NC Separation Agreement, which I have modified for our circumstances. Can we sign and notarize this to be in effect? Should it be submitted to the court?
Yes, you must file your signed and notarized separation and property settlement agreement with the register of deeds in the county in which you reside. i believe the fee is $44.
I am not an attorney but have this experience in the past.
Yes, if you execute it with the proper formality in front of a notary, it should be an enforceable agreement. You do not have to have the agreement recorded with the register of deeds. If you want it enforceable as a court order, you can have it incorporated into your divorce decree.