The Benefits of Having a Separation Agreement

Separation agreements can be done in contemplation of a couples’ legal separation or after the parties are living separate and apart. The actual “legal separation” occurs once the couple decides to end their marital relationship and begins living separately. This “date of separation” is the date the court later references for the one-year separation that entitles couples to divorce.

Separation agreements have many advantages. A big advantage is avoiding court and empowering couples to negotiate their own separation terms. This allows them to reach decisions regarding their family, property, and future, while remaining enforceable through the court system in case of any breaches. Common enforcement methods include claims for damages or requiring compliance with the agreement’s provisions.

Once a couple has been legally separated for at least one year, they are entitled under N.C.G.S. § 50-6, to a divorce.

“Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year.”

During the divorce process, either party can request that their existing separation agreement be included in the final divorce decree. This merges the agreement with the court order, making it legally enforceable through the court system, similar to other court mandates.