Amicable Separation


#1

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?


#2

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.


#3

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.