Seperation Agreement


#1

Generally, a separation agreement survives the divorce, and remains a binding contract. You should consult with your attorney as to whether the separation agreement will be “incorporated” into the divorce judgment. That issue could affect modifiability of the terms of the agreement later.

David L. McGuire
Attorney
The 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

I have signed a seperation agreement that I had drawn up by a lawyer and my wife has signed these papers. we split everything down the middle (bills etc…)but i elected to move out due to my work location. She waivered alimony and we split custody on the children and i give support for the children. Are these documents binding in divorce or can she contest it at our divorce or can i contest things even though my lawyer had the agreement drawn up. They say they are binding even in divorce on the last page but is this legally true
thanks