I know that in order for a prenup to be upheld it “requires” certain elements to be valid such as itemization of each person’s assets, time for review by counsel and not too close to wedding date, not signed under duress, notarization, etc.
Is the same true of a Separation agreement? Do they also have specific requirements like list of current assets or other items above or is it just more of a general contract between 2 people of how assets will be distributed and any payments from one party to another will be structured?
And does it have to model the sample agreement you provide or can the language be simplified as long as all the same points are covered?
A separation agreement must have a full disclosure of all financial assets and debts, and it must be signed and notarized by both spouses.
Our Sample Separation Agreement (NC) is a great template to start with, but you do not have to word it exactly the same. Sometimes you must be careful about simplifying language so that the intent and obligations/requirements of both parties are clear.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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