Mediation session


Dear thomas q:

Greetings. It depends on the language of your separation agreement. Usually, in our agreements, we have future modifications only by a formal writing, signed by both parties in front of a notary. Without these formalities, the agreement is not modified. You need to read over your agreement, but without notarized signatures, I would wager that your signed addendum is not valid. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.



I was divorced 4 years ago and remarried a half a year ago. With my new marriage I have been working to revise the original separation agreement. We did a mediation session to finish the revision. At the end of the session we signed a draft addendum to the separation agreement. Is the draft binding? My lawyer says yes, but then why is there the step of formal legal language and notaries? Others I have talked to (that are not experts in family law) say it is not binding. I am looking for a second opinion. Thanks