Seperation agreement details


#1

Hi - we are in the process of writing up our seperation agreement for legal review, and the following Q’s came up"

Q1: It doesnt appear that there is any document or record required that substantiates the start of the 1 year of seperation. When the divorce is actually enacted (sometime after 1 year) are records presented or affidavits signed?

Q2: When do the details of the separation agreement become legally binding? Notarization or filing with the County Clerk? Once the agreement is binding, will my financial actions have any possible impacts on the other party? Planning on starting a business, and my wife, who will retain the house is worried about possible financial responsibility with what I do. My name will still be on the house deed until she can change it.

Thanks
DB27513 in NC


#2

The divorce complaint serves as an affidavit which swears to the contents of the complaint which will include the date of separation.

The Separation Agreement is binding as soon as it is signed and notarized by each party.
Separation Agreements are not filed with the court. Once you have an agreement, signed which contains all of the proper waivers and releases you should record a memorandum (short version) of the agreement with the register of deeds in the county where you reside.

As for the house, you should sign the deed over to your ex now as the deed and the mortgage are two separate things.