I have a few questions regarding separation agreements and the divorce process. My soon to be ex-wife and I have been separation for about 15 months and are a little slow getting the paper work going. We have separated very amicably, but still want certain terms in place just as a precaution (hence the separation agreement).
My questions are:
Does the separation agreement have to be in place prior to the divorce? I.e., if the divorce is finalized before the separation agreement, are the terms invalid? We are not using the separation agreement as a start date to the 1 year separation requirement and the agreement is written in such a way to clearly state that, it is merely stating what we plan on doing with the house, etc.
Does the separation agreement have to be signed by both parties at the same time? My soon to be ex-wife has moved to another state, but the way the sample separation agreement is written, it seems like both parties have to stand in front of the notary at the same time. If this is the case, can the notary be from the state that my soon to be ex-wife currently lives in? The divorce is being finalized in North Carolina in the county that we lived in.
I know this is convoluted, but any help/advice would be much appreciated.