Separation Agreement


If you or your spouse anticipate future property or other financial transactions, it would be wise to record a Memorandum of Separation Agreement with the Register of Deeds office. Some lenders may want proof that an agreement has been entered into. A Memorandum allows you to show that proof without making the terms of your Separation Agreement part of the public record.

Regarding the incorporation issue, you should consult an attorney. Incorporation affects the modifiability of custody, alimony, and/or property provisions of your separation agreement.

David L. McGuire
The Rosen Law Firm
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.

When my wife and I separated we completed a do-it-yourself separation agreement. The agreement has been signed, witnessed, and notarized. Does this agreement need to be file with the court system or any other agency? I will be filing for divorce in a couple of months. Does the agreement need to be incorporated into the divorce? If incorporation is optional what is the advantage?