Q: What is a Separation Agreement?
A; A separation agreement is a contract which, when signed by both spouses and notarized, is binding in the eyes of the law. It outlines the handling of things such as child support and custody, debts, alimony, and assets that must be addressed in the process of separation.

Q: Are couples who are separating required to have a separation agreement?
A: No, the law does not require the drafting of a separation agreement, however, separation agreements can be a good idea for couples with possible conflicts of interests over custody and support of children, debts, and assets. Creating a legally binding separation agreement is a way to possibly reduce stress and difficulty through the separation and divorce process.

Q: Are both spouses required to sign the separation agreement?
A: No. Both spouses must sign voluntarily. It is illegal to unduly pressure or force the other party to sign a separation agreement.

Q: Can I draft a separation agreement without the help of an attorney?
A: Yes, there is no requirement in North Carolina law that you must have an attorney to create a separation agreement. BUT, in many cases the help of a qualified family law attorney is a good decision. A North Carolina separation agreement must be drafted according to a set of legal formalities. A professional lawyer can guide you through this process of making a legally valid agreement. Also, since separation agreements can include agreements about many subjects (child custody, child support, alimony, asset division, debt, etc.) they can become extremely complicated. Often it is best to consult a legal professional when entering into the separation agreement process.