Must Separation Agreement be Prepared by Attorney


It’s always a good idea to consult an attorney to protect yourself and your family, but you never have to use an attorney. If you and your spouse have come to an agreement, it’s easier, and cheaper to get it written up, sign and notarized. You do not need an attorney to do this since he would basically be doing the exact same thing but probably using bigger and more words.
There’s a sample separation agreement on the home site and you can also include, child support and custody, if necessary, even though it is not in the sample. As long as you both agree to all the terms of the agreement, there shouldn’t be a problem.


If you sign and notarize the agreement it will be legally binding, however it would be a good idea to consult with an attorney before executing any final agreement.

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

Durham & Chapel Hill Office
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Building 600
Chapel Hill, NC 27514
(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.


Husband and I have agreed on division of assets. Neither of us have children. I spoke with an attorney and the cost for preparing the Separation Agreement is $1500.00 and once complete if he decides to challenge, the cost is non-refundable and the prepared agreement cannot be revised. He suggested we find out if we could complete the agreement without an attorney. I only want the agreement to be valid, even if I have to pay, however, since this is such a simple, uncontested separation, I am interested in finding out if we can do this ourselves.

Can we create a separation agreement, attaching the distribution spreadsheet, sign with a notary as a witness, and it be valid without an attorney? I feel that the information supplied to the attorney is good since he said he needed no other info to prepare the agreement.

Thank you in advance for answers to my questions.