Memoradum OF Agreement


#1

Arthur,

There are no statutory requirements about what will be in a memorandum of agreement. Typically, they express the date of separation, and that another document, the actual separation agreement, governs the parties new legal status. Most significantly the memorandum of agreement contains the “free trader” language allowing the spouse to trade in real estate before the divorce. We do not, currently, have a model on our website but will in the near future.

Good luck.

R.S.(Steve)Monks
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.787.3490 direct voice
919.256.1670 direct fax
919.787.6668 main voice
ncdivorce.com
email: rsmonks@rosen.com

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.


#2

I have typed a Separation Agreement between myself and my wife. I used a sample of this site. My question is related to No Incorporation in paragraph 28. It states, “The parties further agree that this Agreement will not be incorporated, by reference or otherwise, in any final judgment of divorce, that this Agreement and the terms hereof will not be made generally known to the public, and that this Agreement will not be recorded in the Public Registry of Granville County or in the Public Registry of any other county in this State.” Does this mean that the separation agreement will not be considered in the divorce? If so, can I change it reflect that it will be incorperated.


#3

Where might I see an example of a Memorandum Of Agreement.


#4

We do not presently have a memorandum of agreement on our website. You an have a lawyer prepare one for you or you can attempt to locate on in the records at the register of deeds office in any county in North Carolina.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.


#5

My wife and I are separated and pending divorce (we’re past the 1 year mark already). She wants me to sign a “Free Trader” agreement so she can purchase a new home (she’s currently living in our home, I moved out several months ago).
If she moves out and I sign the free trader agreement, what are her obligations to the payment of bills/mortgage for the home we both own? Is she still responsible for the mortgage?


#6

My wife and I are mutally agreeing on all issues related to our separation. I would like to file the Memorandum Of Agreement with the Register of deeds myself. What should be included in the Memorandum? And what is the difference between a Separation Agreement and a Memorandum Of Agreement.[8D]