Can I write in the SA that the divorce decree will supercede


#1

I need my SA signed immediately so I can get a pre-qualification letter to obtain a new mortgage. My house sold and I have 3 weeks to move.

There are a couple of things STBX doesn’t like in the agreement. Therefore he is refusing to sign it. Can I remove those for now and write in a clause that says the Divorce decree will supercede this SA?

If so, does the Divorce decree spell out everything like a SA does?


#2

A divorce decree just divorces the two of you. The separation agreement generally resolves all property issues. A free trader agreement may satisfy the bank, and give you more time to negotiate the separation agreement.


#3

I will look into the Free Trader agreement as I am not familiar with that at all.

The mortgage person responded to me with “this will need to be recorded” when I emailed asking if he needed a notarized copy of the SA or a xerox of that.

Does a SA have to be recorded at the court house to be considered legal? I didn’t think so. I thought the witness of the notary public made it “official.”

We meet at the bank tonight, I hope you see this today. Thanks, Ryan!

By the way, I only pulled out everything that was financial and property related and created that SA for the bank. I don’t want them reviewing the custody, holidays etc. Am I doing anything wrong with that idea? It was the fastest way to get STBX to agree to sign it…I had to take out (for now) parts he wasn’t ready to agree on.


#4

I answered my own question with the webpage from your site:

http://www.rosen.com/charlottelawyer/recording-your-nc-separation-agreement/

The question still remains that is it ok to have what will amount to 2 Separation Agreements between husband and wife? One covers the financial independance and the other custody and child welfare, etc.