Timing of a Separation with regard to Separation Agreement

North Carolina Divorce Law Divorce and Separation Answers
1

My husband and I are separating. We’ve spent several weeks drawing up a separation agreement and are both finally satisfied with it. He will be out of town this weekend and I suggested that we sign the agreement and have it notarized on Friday 10/7, and then I will finish moving my belongings out of the house this weekend with the official date of separation being Sunday 10/9. He is telling me that I have to move out before signing the Agreement…that we can’t sign and have it notarized until after I leave. That doesn’t make sense to me. So can the date of the Agreement be 10/7 and the actual date of separation be 10/9?

Thank you

2

You do not have to move out prior to executing a SA. In fact, most of the time parties don’t physically separate until they have a SA in place. So, if you sign it tomorrow and move out on Sunday, your SA is still in full effect. Whether you move out before or after executing a SA does not affect the validity of it as a contract.