Separation agreement


Dear mikeb:

Greetings. 1. No, a separation agreement does not need to be filed anywhere to be legal and binding. People do file separation agreements (or memorandums of separation) with the Register of Deeds office in their county of residence in order to purchase property and have a public record of their separation.

  1. No. Let’s say you waive it in a separation agreement today. Tomorrow I can still go to the court and apply for child support and receive the same. 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.


I have 2 question that I would like answered.

  1. Does a separation agreement need to be filed somewhere in order to be legal and binding? If so, where/how does it get filed?

  2. If both parties agree, can child support be waived?

Thank you for your time.
Mike B.

Steven Barbato