Marital Separation Agreement and Financial Stateme

Generally parties will exchange documents prior to executing a separation agreement, but there is no requirement that they do so if the parties wish to forgo this process. The process for completing a marital separation agreement is the same regardless of the amount of time that you have been separated.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I have been separated since March 30, 2007 whereby I moved from Florida to North Carolina. My husband remained in Florida. We were married in Florida on October 16, 2004. We have already distributed property and we have a Free Trader Agreement filed with Rowan County, NC County Clerk’s office. We each purchased our individual homes in July, 2007 after selling our home in Florida. There aren’t any children in the marriage.

How do we complete a Marital Separation Agreement since we have already been separated for over a year ?

Is a Financial Statement still required since there aren’t any children from the marriage?