Does new Sep Agrmt need specific text to override a previous

North Carolina Divorce Law Divorce and Separation Answers
1

My stbx and I separated in 2003 for 9 months, and at that time we had a Sep agreement drawn up and signed and notarized. We reconciled, and I understand that some of the clauses in that agreement do not apply, such as Alimony, but that some still do, like ED.

We are separated again (presumably for good this time) and working on a new Sep Agreement. Well, I am working on it, she is dragging along and doesn’t want to sign because I believe she thinks I have “secret accounts” or something…

Does this new agreement need to have specific wording to the effect of “This agreement replaces any previous agreements, etc…”, kind of like what I have seen in some wills? I still have the signed and notarized copy of the previous agreement.

Thanks!

RH

2

No, the terms of the new Agreement will be sufficient, unless you are undoing a specific allocation of property from the previous agreement.