Separation and Property Agreements
Many couples choose to enter a separation agreement to begin the process of moving on from a failing marriage. These agreements are not required as part of a physical separation between spouses but can help to solve many problems before they arise. Most people consider a couple separated once they no longer reside in a residence together. However, a separation agreement will help couples who are separating to resolve important issues like the custody of children, division of assets, and alimony.
The Separation Agreement
The details of a separation agreement can be as simple or complex as the separating parties desire. Because of this, individuals living in the Raleigh, North Carolina area should trust Raleigh family law attorneys to help them with this matter.
Common issues addressed in separation agreements include:
- Home and Property – If the married couple owned a home or other property together, a decision must be made as to what to do with this property. Often, a couple will agree to sell the home and split the profits. In other cases, one party may agree to relinquish their possession of the home in exchange for money or other considerations.
- Division of Personal Property – The couple can detail exactly how they wish for all property to be divided between them in the separation agreement. This will keep the court from intervening in this process at a later date. Property to consider in this part of the separation agreement include things like furniture, vehicles, stocks, retirement accounts, and other financial accounts.
- Future debt – It is a good idea to express that each party will be responsible for their own debts going forward when a separation agreement is drafted.
- Child Custody and Child Support – The custody and support of any children the couple shares should be decided in the agreement. The court will not interfere with the agreement that is reached unless it is determined the agreement does not best suit the needs of the children.
- Alimony – If an alimony agreement is reached between separating spouses, it should include the amount to be paid, the date payment is made, how long it will be provided, and whether cohabitation or re-marriage will end the alimony obligation early.
Get the Help You Need
Legal Matters pertaining to separation and property division are complex matters that parties to dissolving marriage should not attempt to handle alone. The knowledge and skill of Raleigh North Carolina Lawyers will be needed.
The Raleigh North Carolina lawyers working for Fresh Start Family Law possess the legal expertise and experience to ensure a smooth process while you navigate this critical life transition. If you or someone you know in the Raleigh, North Carolina area are in need of Raleigh family law attorneys, you can reach Fresh Start Family Law at (919) 809-8276.