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Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be notarized. 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.
Once the separation agreement is signed by both parties and notarized, it becomes a binding contract that can be enforced in court. If the agreement is entered into a consent order as part of your divorce, a court can use its contempt powers to enforce the agreement's terms.
Separation does not always mean courts and judges?in fact North Carolina makes it very easy to make an agreement on all of these matters. Simply having a drafted document, notarized and signed may resolve these issues. A separation agreement can be effective especially when you have children and property involved.
What should I include in the Separation Agreement? General information. - If you want the Separation Agreement to be valid after the divorce. ... Marriage details. - Location where you were married. ... Party details. - Your name and address. ... Your child or children's address. ... Money and property information. ... Final details.
The following factors are considered when a parent makes a motion to change the custody or visitation order: Stability for the child. Child's wishes. Age of child. Domestic violence. The emotional or physical health of a child or parent. Whether a parent has attempted to alienate the child from the other parent.
Although it is possible for spouses to prepare their own separation agreement, most are prepared and negotiated by lawyers.
The agreement should set forth what money is being paid for, i.e., the type of damages, as well as the claims it is being paid on. If some damages are taxable and some are not, the settlement agreement should set out, in as much detail as possible, the proportions and rationale.
Once the separation agreement is signed by both parties and notarized, it becomes a binding contract that can be enforced in court. If the agreement is entered into a consent order as part of your divorce, a court can use its contempt powers to enforce the agreement's terms.