Separation Agreement wording - another question


#1

Wow…he really wants to make sure that no one ever even thinks that separating was his idea and that you are only out for yourself. In reality, that’s what being separated is and it really shouldn’t make a difference in the wording on some of that stuff.
Does he really believe that NOT separating is in his best interest at this point?
Does he really believe that the differences you have have no affect on HIS desire to continue living as husband and wife? He could live with them but you can’t?
Was the decision to move out completely your idea, with NO discussion or imput from him?
The end result is the same and unless the above questions are answered, no, no, and yes, there’s no legal reason to change the wording…leaving the wording does not make the statements invalid.
Is there a possibility that he’s planning something in the near future that would make it necessary to make you at fault? Even with NC being a no fault state…maybe he’s making sure you don’t go for alimony…


#2

I would not recommend that you make the requested change, it could have an impact on the validity if the agreement down the line.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3

Husband has requested that this be changed also:

ORIGINAL - “each party believes it is in his or her own respective interests,”

REVISION - “Wife believes it is in her own respective best interests to enter into this separation agreement.”

Will this revision alter the validity of the agreement? It seems to me that this contradicts the legality of a separation agreement… but I’m not a lawyer.

Thank you!