Separation Agreement vs. Memorandum


#1

Dear BigTimeSupport:

Greetings. A memorandum of agreement is the form that is executed after the separation agreement is finalized. It is the form that is filed with the Register of Deeds office to ensure the privacy of the parties.

It depends on the situation as to whether or not a separation agreement should be drafted. Eventually someone needs to draft one and the other party needs to propose changes.

You suggestion may work, but the writing is not official. Also, if you do not have an attorney involved on the date of separation, how do you know if you should sign an agreement with the terms you chose? It is possible that you may make a miscalculation and agree to something outside your best interest and that you only realize this after seeing an attorney. That would put you in the awkward position of backing down from your agreement and starting over from scratch. My suggestion is not to leave until the agreement is signed if possible. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

What’s the difference between a separation agreement and a memorandum of agreement? Also, I’ve heard it’s best not to go into the situation with a sep. agreement already made…that’ll create animosity. Would this situation work: work out the differences on the day of separation, write them down, then later on(in the next week or so) go have an official document made. Thanks for your time!