# Separation Agreement Effective Date **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [May 7, 2008, 12:03pm UTC](https://forum.rosen.com/t/separation-agreement-effective-date/5959 "2008-05-07T12:03:43Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [May 7, 2008, 12:03pm UTC](https://forum.rosen.com/t/separation-agreement-effective-date/5959/1 "2008-05-07T12:03:43Z")
I don’t know for sure if you can do this or not…but out of curiosity, why would you want to sign and legalize an agreement that will not take affect for so long? A lot can change in 3 months… ---
**Author:** ![confused101](https://avatars.discourse-cdn.com/v4/letter/c/3e96dc/32.png) [@confused101](https://forum.rosen.com/u/confused101)\ **Post date:** [May 7, 2008, 12:06pm UTC](https://forum.rosen.com/t/separation-agreement-effective-date/5959/2 "2008-05-07T12:06:55Z")
This is her condtion she demanded if she to sign the agreement. ---
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [May 7, 2008, 12:54pm UTC](https://forum.rosen.com/t/separation-agreement-effective-date/5959/3 "2008-05-07T12:54:22Z")
Then I suggest that you do not agree. Maybe I’m not seeing something, but I don’t understand why she would demand to have a separation agreement if you are not going to be separated. The date of separation is the date that you would use for filing for divorce. You can not file for divorce until you have been separated one year and one day. Why stay together for the extra time if you KNOW you are separating…? It will just prolong the whole process…just seems like it would be easier to wait to have the agreement drawn up when you actually do separate… You do not have to have an agreement to be separated. It just normally settles things like child support/custody, ED and protects against abandonment claims. It took my husband 3 weeks to get his separation agreement signed but the date of separation was still the date that she moved out… EDIT: In addition to this, in the time between now and when the agreement would take place, some of the marital assets could change. That could be a positive or negative depending on how you look at it. Some things(car, home)could have more paid on, more money in the bank accounts, some things owed on could be gotten rid of, accounts jointly held could be closed. Everything depends on the date of separation. ---
**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:** [May 9, 2008, 8:23pm UTC](https://forum.rosen.com/t/separation-agreement-effective-date/5959/4 "2008-05-09T20:23:24Z")
Generally, you must separate within thirty days of the agreement will be invalidated. Even if you separate within thirty days there are some actions you can take during that period that will invalidate your agreement. 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](http://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 > **[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:** ![confused101](https://avatars.discourse-cdn.com/v4/letter/c/3e96dc/32.png) [@confused101](https://forum.rosen.com/u/confused101)\ **Post date:** [May 7, 2008, 10:07am UTC](https://forum.rosen.com/t/separation-agreement-effective-date/5959/5 "2008-05-07T10:07:47Z")
Can my wife and I sign and notarizes a separation agreement today, and set the separation effective date in the agreement to 3 months from now while living together these 3 months. Please Advice