What Makes a Separation Agreement Valid in North Carolina?

February 18, 2011
By David Sheehan on February 18, 2011 12:02 PM |

house without driveway.jpgAs is the case with most Charlotte Divorce Attorneys, the majority of our clients meet with us prior to the date of his or her Separation. Even though most clients are more concerned with the contents that will be included within a Separation Agreement, there are some interesting procedural requirements that must be met in order to effectuate a valid Separation Agreement.

Even though a Separation Agreement also known as a Property Settlement Agreement is essentially a contract between two parties, North Carolina has additional statutory requirements that must be met to properly construct a Separation Agreement. Under North Carolina General Statute ยง 52-10.1, a Separation Agreement must be (i) in writing and (ii) acknowledged by both parties, before a certifying officer.

Strict adherence to these formalities are required, and a Separation Agreement that does not follow these requirements will be Void on its face. If you are currently in the process of seeking an Attorney in Charlotte North Carolina or a surrounding County and have questions about whether a Separation Agreement is right for you, contact the Law Offices of David P. Sheehan at (704) 332 - 5858 to speak with a Charlotte Separation Agreement Attorney.