When a marriage is on the rocks, there may come a time when the couple decides to separate. In North Carolina, couples who choose to separate without immediately pursuing a divorce can enter into a legal separation agreement. This agreement outlines the terms of the separation and can provide a roadmap for the couple as they navigate their new lives apart.
What is a Legal Separation Agreement?
A legal separation agreement, also known as a separation agreement or marital settlement agreement, is a contract between two spouses who have decided to live apart. The agreement establishes the rights and obligations of each spouse during the separation period. It can address a wide range of issues related to the separation, including marital property, spousal support, child custody, and child support.
The agreement is a legally binding document that can be enforced by a court. Once signed, the agreement becomes a court order that both spouses must follow. In some cases, the legal separation agreement can serve as the basis for a future divorce settlement.
Why Choose a Legal Separation Agreement?
There are several reasons why a couple may choose to enter into a legal separation agreement rather than immediately pursuing a divorce. Some of these reasons include:
– Religious or cultural beliefs: Some couples may be opposed to divorce for religious or cultural reasons. A legal separation agreement can provide the separation they need while still respecting their beliefs.
– Financial considerations: Divorce can be expensive, especially if the couple has a lot of assets to divide. A legal separation agreement can help the couple establish a plan for the separation that takes into account their financial situation.
– Health insurance: In some cases, one spouse may be covered by the other spouse`s health insurance. A legal separation agreement can allow the spouse to continue using the other spouse`s insurance, which may not be possible in a divorce.
– Time to reconcile: Sometimes a couple may want to try to reconcile their marriage after a period of separation. A legal separation agreement can provide a framework for the separation that allows for this possibility.
How to Create a Legal Separation Agreement
To create a legal separation agreement, each spouse should consult with their own attorney. The attorneys can help the couple negotiate the terms of the separation and draft the agreement. Once the agreement is finalized, it should be signed by both spouses and their attorneys.
It`s important to note that a legal separation agreement is only enforceable in court if it is fair and reasonable. If one spouse is coerced or pressured into signing the agreement, a judge may find the agreement unenforceable.
Final Thoughts
A legal separation agreement can provide a practical and cost-effective solution for couples who are separating without immediately pursuing a divorce. However, it`s important to work with an experienced attorney to ensure that the agreement is fair and reasonable for both parties. If you`re considering a legal separation agreement, contact a North Carolina family law attorney to discuss your options.