Separation Agreement


#1

No. If the original agreement states that the only way to void the agreement is in writing and that wasn’t done, then it’s still valid. The resumption of marital relationship would normally void a separation but with that clause, I believe it would hold up. I would speak with an attorney though, just to find out what your options are. I would say you could file for divorce based on the later date that she left but still use the original agreement basing on the clause.


#2

Dear worthington,

Without reviewing the entire agreement it is hard to give you a complete answer. However, if their is no clause in your agreement regarding reconciliation that means that what you already divided remains separate property, however anything you acquired while you were reconciled is marital property.

You don’t have to cut your mustang in half, but if your agreement is not valid the car is marital property and she would be entitled to half the value, likewise you would be entitled to half the value of her vehicle if it was purchased during the marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#3

My ex plans on disputing the Separation Agreement that we both signed. I want to know if I can file for a divorce even if my ex doesn’t accept the Separation Agreement as written. If so, can I get a form from the library and file an uncontested divorce or does the Separarion Agreement have to be resolved before a divorce is granted?
I can always have an attorney handle the Separation Agreement.


#4

The only thing that needs to be agreed on for absolute divorce is the date of separation. NC requires a separation of one year and one day before filing for absolute divorce. The separation agreement is more or less settling equitable distribution, child support and child custody so that it’s all taken care of at time of divorce, but all three of those things are considered separate from each other and separate from divorce. If you can not agree on the separation then you just have no separation agreement. You don’t have to have one to be separated. In your case, she already signed an agreement and if that is still valid, which it sounds like it is, it really makes no difference that she doesn’t accept it as written. You really should speak with an attorney though to make sure that the date of the original separation is the date to go by for filing, but that’s just my opinion. I wouldn’t think it would cost a lot to have an attorney look over the agreement and see if it’s valid given the circumstance, and may protect yourself in the end.
My husband’s ex tried to get their original separation agreement tossed after she found out he and I were dating, saying that she didn’t understand what she was signing and that she was on medication for depression during this time. She dropped this case when she remembered that my husband had been on the same medicine for several years before she left and that we had proof she never took the medicine.
Protect yourself first and check with an attorney on this before you file…
Good luck


#5

Dear worthington,

Once a divorce is finalized you lose the right to ask the court to set enforce your claims for Equitable Distribution or Alimony. If the divorced is finalized and your separation agreement is set aside you may be left without a way to resolve your financial issues if you cannot agree. I would advise you to consult with an attorney regarding the validity of your agreement before filing for divorce.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#6

My wife left me in Feb 2005. Before she left we agreed to have a separation agreement written up. We used a standard blank agreement that I found at the local Library and filled in the blanks and signed, notorized it and registered it at the county court house. She left and six months later asked if she could come back and reconcile the diferences. We were together for eight months and she took off with another man and has not come back. It has been over a year since she left me the second time and now she says that the original separation agreement is not valid. There is a clause in the original agreement that states that the only way to undo the agreement is in writing which was never done. Is the original agreement still valid? In the original agreement she agreed that I would keep the house and a semi restored 66 Mustang. Now she wants half of both of those items. Do I have to cut the Mustang in half?