Seperation agreement


#1

Dear Jimmy;

A Separation Agreement does not need to be recorded at the courthouse or at the Register of Deeds to be valid contract between spouses.

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.


#2

If your agreement is signed and notarized, it is a valid agreement. You did not have to file it with the register of deeds to be valid, nor do you have to file it with the court to be valid. However, if your agreement had an “incorporation” clause (meaning, you put in a paragraph that said the agreement would be incorporated into your divorce decree) then you do need to file it with the court once you file for divorce. Otherwise, if that provision is not in the agreement, your agreement is fine as it is. Either way, your agreement is still valid.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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 wife and I signed and notarized a seperation agreement in December. Everything is spelled out in the agreement, I even had it recorded in the Deeds office with her consent. Now she is saying that the agreement is not valid until it is entered in the court. What is she talking about? I thought once it was signed and notarized it was a contract. Her “doctor” told her that what she signed is not valid. Is this true?