Sample Seperation agreement question


#1

Changing the language in the first statement serves no purpose other than personal satisfaction.

The second paragraph does not deal with the issue of adultery. Adultery is still a crime in NC and your spouse cannot give you permission to break the law. This paragraph is generally utilized in the context of contracts entered into by either party after separation but before divorce.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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.


#2

So if one party wants to remove the statement “as fully completely and in the same manner and to the same extent as though they had never been married”

Does that do anything?

Thanks


#3

I am wondering why the statement needs to be taken out. Basically it means once you separate, you are free to live your life as if you had never been married EXCEPT when it comes to the having sex part. It means you are free to live your life and move on.

I don’t understand what difference it makes if it’s in there or not. It seems to be a protection for both parties. One party can’t come back and say ‘you can’t do this or that because the agreement doesn’t say you can’. Sounds like a set-up for potential drama OR someone wants to keep tabs on daily lives and activities.

Are you wanting the statement out or does the STBX want it out?


#4

I have a question about the sample, as well; what does “Right to Contract” mean?
" 6. Right To Contract. Both Husband and Wife shall have the right to contract and to be fully contracted with, independently of the other, as fully and to all intents and purposes as if they had never been married."

Also, in terms of separation, if the husband and wife were to get their separation agreement drafted by a lawyer, documented and notarized, does that entitle either spouse to then have a (sexual) relationship with another person without having repercussions on the divorce proceedings? IE, custody, ALIMONY, support, etc.?


#5

“Right to contract” means that you can purchase or sell and unless they are specifically named in the agreement, they are your property to do with as you would.
Nothing entitles either spouse to have sexual relations prior to absolute divorce. It is illegal to have sex with someone other than your spouse, even during separation (Doesn’t mean it doesn’t happen; still illegal). This would not have an affect on anything other than alimony and that would only be if the sexual relationship began prior to separation.
Dating after separation is fine and does not have an affect on child custody, (Unless you are dating a known child molester which would give the oposing spouse ammunition for primary custody) support (based on income of each biological parent, # of overnights with each parent, insurance and child care cost paid by each) or alimony.


#6

Ok thank you.

Yes, I am just concerned with the topic of an intimate, sexual relationship occuring AFTER notarized, documented separation and whether it can affect ALIMONY (or anything else, really). It had been my understanding that once legal documented separation happened only then could either, or both, spouses be free to date other people without there being any repercussions (in the general sense…not getting into specifics) in the separation and/or divorce proceedings. Was just hoping to get clarification on that, as I am far from being a lawyer and understanding the jargon.

Thank you!


#7
quote:
[i]Originally posted by needinganswers[/i] [br]I Are you wanting the statement out or does the STBX want it out?

She is saying she thinks it deneys the marriage ever was there. I attempted to explain that wasn’t what it was saying.


#8

Belhaven,

If you remove that language you may impact your ability to take out a contract for credit in your own name prior to the divorce. Some creditors are stricter than others.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

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 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.


#9

Looking at the sample separation agreement that is on this site…

on page 1 the statement “Certain differences have arisen between them rendering it undesirable for them to continue to live together” If one party desires to change that so as to place fault on the other party does that serve any purpose other than personal satisfaction? My believe was that North Carolina is a no fault state but wanted to check.

Second question under 1. General…the last part of that statement that reads “as fully completely and in the same manner and to the same extent as though they had never been married” What does that phrase do? Does that basically say that neither party can be charged with adultery should they have a physical relationship?

Thanks