Our Divorce Lawyers in Charlotte NC Separation Agreements for Divorcing Spouses
If you are in the process of separating from your spouse, and you have children, assets, property or claims for child support or spousal support, it may be in your best interest to enter a contractual agreement that will protect your rights. A skilled Monroe NC attorney can help you come up with an effective and legally enforceable separation agreement. At The Khan Law Offices, we have many years of experience drafting separation agreements and helping mediate negotiations between spouses.
What is a Separation Agreement?
A separation agreement is a contractual agreement wherein spouses resolve their competing claims for debt, custody, support, visitation or property. You should not attempt to write the agreement yourself because it may not be legally enforceable. Additionally, it is important to understand that the agreement cannot be oral.
The agreement must be in writing, signed by both parties, and both signatures must be notarized.
It is highly advisable that each party have its own legal representation when negotiating a separation agreement. Without independent counsel, there is potential that one party could claim that he or she did not understand the terms of the agreement.
Separation Agreements and Divorce
You are not required to draft a separation agreement or agree to sign it. It is merely a useful tool for resolving potential problems. Separation agreements must be mutually agreed upon, per their namesake.
If, after divorce and separation, the other party violates the agreement, you and your attorney can attempt to resolve the issue through the other party’s legal counsel. If that doesn’t work, it may be prudent to file a lawsuit based on breach of contract. An experienced Monroe NC attorney at The Khan Law Offices can advise you regarding whether a suit is prudent.
Court Intervention in Separation Agreements
In most cases, a court will not alter an agreement that has been made between informed and consenting spouses regarding their marital separation. The most likely scenario wherein a court would intervene is if the child custody or support clauses of the agreement would not serve the child’s best interest.
Contact Our Divorce Lawyers in Charlotte NC
If you hire a qualified Monroe NC attorney, you are much less likely to have your separation agreement voided. We would be happy to discuss your proposed settlement agreement. Call the Khan Law Offices today at 704-282-2155!