Separation agreement


#1

my husband and i had a separation agreement written up by an attorney in nc when we separated a year ago. do we have to file it with our divorce papers? we’d rather not have the separation agreement be public record.


#2

You do not have to have the separation agreement recorded or filed. If you have it incorporated into the divorce judgment, it is enforceable as a court order. Otherwise, the separation agreement is enforceable under contract law by bringing a breach of contract action.