# Must Separation Agreement be Prepared by Attorney **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [September 7, 2007, 6:04am UTC](https://forum.rosen.com/t/must-separation-agreement-be-prepared-by-attorney/4986 "2007-09-07T06:04:02Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [September 7, 2007, 6:04am UTC](https://forum.rosen.com/t/must-separation-agreement-be-prepared-by-attorney/4986/1 "2007-09-07T06:04:02Z")
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. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [September 9, 2007, 6:15pm UTC](https://forum.rosen.com/t/must-separation-agreement-be-prepared-by-attorney/4986/2 "2007-09-09T18:15:55Z")
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 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![wendy312](https://avatars.discourse-cdn.com/v4/letter/w/8491ac/32.png) [@wendy312](https://forum.rosen.com/u/wendy312)\ **Post date:** [September 6, 2007, 6:43pm UTC](https://forum.rosen.com/t/must-separation-agreement-be-prepared-by-attorney/4986/3 "2007-09-06T18:43:09Z")
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. Wendy