Separation agreement

Dear Merryschase:

Greetings. I believe that you are laboring over a misconception. First, a separation agreement usually divides all the marital assets and contains a waiver of equitable distribution (the division of assets in the court). There is no such thing as a divorce agreement. In North Carolina, it is against public policy to agree to get divorced in a contract. There is a divorce judgment.

The answer therefore is that you do not have to reiterate your property division in your divorce if it was already properly divided in your separation agreement. My advice is to check with an attorney though prior to the divorce to ensure that you do not lose the rights of alimony and equitable distribution if you still need to file claims on these issues. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.

if the property is settled in the separation agreement,

does it still have to be in the divorce agreement ?