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Marital property includes property presently owned that was acquired by both parties and debts created during the marriage. It includes all vested pension and retirement benefits accrued between the date of marriage and the date of separation.
It is a legally-binding contract and both partners must adhere to the conditions within it. However, a separation agreement may be invalidated if it can be proven that it was not created fairly. Typically, this occurs if one partner knowingly tricks or threatens the other in order to gain an unfair advantage.
1) You Can Date While Separated After you have legally separated you are free to date as if you are not married. Your spouse does not have a say in whether or who you date. Third party claims such as alienation of affection and criminal conversation cannot be filed solely due to post-separation acts.
Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be docHubd. Can a separation agreement include decisions about child custody and child support? Yes, you can include provisions about child custody and child support in a separation agreement.
A separation agreement is a legal document that when signed and docHubd by you and your spouse can act as a legally binding contract that is separate from or survives the divorce. Such a contract is enforceable, meaning you can take legal action if your spouse does not adhere to the terms of the contract.
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There are two options for fees for the Uncontested Separation Agreement. The first is a one-time flat fee of $750.00. The second option is to sign a contract for hourly billing where you pay the attorneys hourly rate. There is no maximum or minimum fee; you pay for the number of hours spent on your case.
It is best to have your own attorney prepare it for you. A separation agreement is not valid in North Carolina unless both parties have signed, and their signatures are docHubd. Never try to prepare such a complex and important document yourself.
Although the law does not require a couple to sign paperwork when they separate, you should consider having a lawyer draft a separation agreement if you decide to live apart.
If they were acquired before marriage, or after marriage with separate funds, they are separate assets. If they were acquired after marriage using marital funds, they are marital property that will be divided between the spouses.
Separation does not always mean courts and judgesin fact North Carolina makes it very easy to make an agreement on all of these matters. Simply having a drafted document, docHubd and signed may resolve these issues. A separation agreement can be effective especially when you have children and property involved.

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