This agreement is known as a Marital Settlement Agreement. The Marial Settlement Agreement will outline the parties agreement on three necessary terms in divorce: child custody and division of time-sharing between parents, spousal support, and division of the marital assets and debts.
Settlement agreements, formerly known as compromise agreements, are documents which set out the terms and conditions agreed by those involved (the two parties) when they agree to settle a potential employment tribunal claim or claims or other court proceedings.
Depending on the four factors discussed above, you and your ex partner may instead be given a different breakdown of property, such as a 60/40 or a 70/30 divorce settlement. A 60/40 divorce split is more common than a 70/30 split, and is approximately the average split that most divorcing couples face.
North Carolina law presumes that an equal (50/50) division of marital property is “equitable,” or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.