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.
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.