# Separation Agreement?

**URL:** https://forum.rosen.com/t/separation-agreement/6466
**Category:** Divorce and Separation Answers
**Created:** [September 9, 2008, 7:51am UTC](https://forum.rosen.com/t/separation-agreement/6466 "2008-09-09T07:51:52Z")
**Posts on this page:** 5
**Page:** 1

<div class="post-metadata">

### Author: ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)
#### Post date: [September 9, 2008, 7:51am UTC](https://forum.rosen.com/t/separation-agreement/6466/1 "2008-09-09T07:51:52Z")

</div>

Normally, there is a clause in the agreement that states that the agreement is void should the couple reconcile. If that is not in the agreement, then it’s possible it could stand up in court. I think it would depend on the wording and whether or not the agreement is legal, and notarized.

---

<div class="post-metadata">

### Author: ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)
#### Post date: [September 13, 2008, 9:01pm UTC](https://forum.rosen.com/t/separation-agreement/6466/2 "2008-09-13T21:01:06Z")

</div>

Was the agreement signed and notarized? What does it say happens if you reconcile?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com](http://radio.rosen.com) for details

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

Sutton Station  
5826 Fayetteville Rd. Suite 205  
Durham, NC 27713  
Phone: (919) 321-0780

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

---

<div class="post-metadata">

### Author: ![borigirlinnc](https://avatars.discourse-cdn.com/v4/letter/b/bbe5ce/32.png) [@borigirlinnc](https://forum.rosen.com/u/borigirlinnc)
#### Post date: [September 15, 2008, 5:34am UTC](https://forum.rosen.com/t/separation-agreement/6466/3 "2008-09-15T05:34:17Z")

</div>

The separation agreement doesn’t say anyting about reconciliation.

Jacquie

---

<div class="post-metadata">

### Author: ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)
#### Post date: [September 16, 2008, 5:19pm UTC](https://forum.rosen.com/t/separation-agreement/6466/4 "2008-09-16T17:19:58Z")

</div>

If it is a signed and notarized agreement it will generally be upheld by the court, however if it is missing the specific provisions that make it valid, then you may be able to set it aside, I cannot tell you this for sure without reviewing your agreement.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com](http://radio.rosen.com) for details

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

Sutton Station  
5826 Fayetteville Rd. Suite 205  
Durham, NC 27713  
Phone: (919) 321-0780

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

---

<div class="post-metadata">

### Author: ![borigirlinnc](https://avatars.discourse-cdn.com/v4/letter/b/bbe5ce/32.png) [@borigirlinnc](https://forum.rosen.com/u/borigirlinnc)
#### Post date: [September 9, 2008, 3:55am UTC](https://forum.rosen.com/t/separation-agreement/6466/5 "2008-09-09T03:55:50Z")

</div>

My husband and I separated back in January. He wrote up a separation agreement without an attorney. We got back together. Now, we separated again in July. Can the separation agreement stand in court?

Jacquie
