Additional note. We have not yet sined or notorized this agreement.
Greetings. Once the separation agreement is signed and notarized, it should be binding on all rights of the parties in this state. You can place in the agreement paragraphs that define where the action will be heard if the agreement is violated and which state laws apply. Therefore, the agreement would be binding outside of NC and enforceable through the laws of North Carolina and in North Carolina. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.
My wife & I separated in Jan 2004. We went to mediation and came to a separation agreement.
My ex could not aford housing in this area and is moving to FL.
I am looking for work and may also move outside of NC.
What process do we need to take to make sure that the separation agreement is legally binding outside of the state of NC?
As part of the separation agreement our real property (home & land) is beig divided.