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In other words, we agree we should each be allowed to date and be intimate with others. Is that indeed the law written in stone, or is it the sort of thing where both people can agree they are allowed to date others? You are correct. Adultery is still a crime in this state, and you cannot agree to commit a crime, however in so far as the rights between spouses any agreement that states you may live as if you were unmarried will prevent your spouse from coming after you and using adultery to bolster and alimony claim. Only the husband and wife are protected from each other.

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Back to Activities. What is a Marriage Separation Agreement? When should I use a Marriage Separation Agreement? You and your spouse have decided to separate and agree on how to divide your property and assets. You and your spouse are considering a divorce and want to separate before making a final decision on ending the marriage. You are contemplating a legal separation and would like to set preliminary terms for a division of property. You plan to meet with an attorney regarding a legal separation and would like to be prepared with an outline for the division of property and finances.

What are other names for a Marriage Separation Agreement? What is included in a Marriage Separation Agreement? A Marriage Separation Agreement includes many of the same terms as a divorce decree, including the following: Who will retain possession and use of the marital home Who will be responsible for the expenses of the marital home mortgage, utilities, insurance If legal separation is converted to a divorce who will pay for the expenses of the marital home How will assets and debts acquired during the marriage be divided including property, financial and retirement accounts, vehicles, insurance, debts, and business or corporate interests Whether spousal support will be offered Whether or not spousal benefits, such as medical insurance, will continue during the separation and who will pay for them The terms of child support, custody and visitation rights see Parenting Plan.

What is the difference between Separation and Divorce? The following are common reasons for seeking a separation instead of a divorce: A couple may not be emotionally ready for a divorce.

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The couple may object to divorce for religious, social or moral reasons. A couple may not want to live together but do not want a divorce. A couple may want to retain medical insurance, governmental or tax benefits that may continue because the couple is still considered to be married although living separate lives.

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A couple resides in a state that requires a separation period before the couple may file for divorce. If you are going to pay spousal support during separation, having a Legal Marriage Separation Agreement is required to enforce payment.

A couple wants to finalize separation of property and finances and other terms before starting a divorce proceeding. How is a Marriage Separation Agreement signed?


In other words, we agree we should each be allowed to date and be intimate with others. Is that indeed the law written in stone, or is it the sort of thing where both people can agree they are allowed to date others?

You are correct. Adultery is still a crime in this state, and you cannot agree to commit a crime, however in so far as the rights between spouses any agreement that states you may live as if you were unmarried will prevent your spouse from coming after you and using adultery to bolster and alimony claim.

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Only the husband and wife are protected from each other. In essence, it means very little since adultery is virtually never prosecuted. Like Erin said, it only applies when arguing out alimony. Or your clause can bar the incorporation, or only bar it unless the parties later agree to this in writing. You may also leave out any reference to incorporation, so that it will have to be decided at the time of divorce. So what's the low-down on incorporation? Here are the points you need to know about North Carolina law regarding incorporation of an agreement into a court decree:.

It makes the clauses enforceable as a court order - by garnishment, wage assignment, contempt, seizure of property, etc.

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It also makes the executory promises modifiable if there's been a change of circumstances since entry of the order. Executory promises are those which are incomplete or not yet fulfilled, such as when the husband promises to finish making the payments on the wife's car, or when he promises to pay her alimony.

When the agreement hasn't been incorporated, these can only be changed by the consent of both parties. Incorporating the agreement, however, lets the judge decide whether to change them. Remember - unlike the terms concerning children, which are always modifiable by the court, the terms that pertain to adults cannot be modified by the court except in very limited circumstances. For example, if the separation agreement has been incorporated into a court decree, the court has the power in North Carolina to modify the support terms alimony or child support based on a change of circumstances.

Generally, a separation agreement is the result of much discussion and negotiation surrounding divisions of assets and liabilities and any support, maintenance, custody or visitation issues. If you are going through a divorce or separation, the sample separation agreement below will help you to start thinking about and preparing for these discussions and negotiations. A Marital Separation Agreement enables you to clearly document the terms of your separation, rather than rely on verbal agreements. A Marital Separation Agreement details specifically the separation of marital finances and family responsibilities among the parties. A Marital Separation Agreement may be advised in any of these circumstances. Family Law; Marital Agreements; Separation Agreements; Separation Agreements. If you and your spouse decide to live separate and apart, but you do not want to divorce, you can enter into a separation agreement. A separation agreement is a written agreement that you and your spouse voluntarily sign, without involving the court.

If the terms involve property division and the agreement has been incorporated, the court can only modify an executory promise i. Compare this to a promise which has already been executed by the parties such as the deed to the house that was signed over to a spouse at the same time the separation agreement was executed. The court can overturn a separation agreement if it was signed due to fraud, coercion, or lack of mental capacity.

In most cases, however, this is a hard case to prove. The parties can also agree on a division of property in their separation agreement, and that agreement will be binding on them.

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The property to be divided consists of real property land and the buildings on ittangible personal property cars, jewelry and furniture, for example and intangible personal property such as bank accounts, stocks and bonds, pensions and life insurance.

In North Carolina there is a presumption that all property acquired during the marriage is equally divisible. This is presumed to be fair. Other divisions, such as or are certainly legal if the parties agree that the division is fair and equitable, or if the judge makes findings in the property division order that justify an unequal division.

The property that is divisible in North Carolina is called marital property. With certain exceptions, this is anything acquired during the marriage and before the separation.

Separation agreement dating. Just because legal separation and care of the sample separation agreement may be separated, as a common questions about the question, but any sexual. Handwrite the issues quickly, relationships and agreed to add, dating clause does. Dozier Miller Law Group N. Tryon St. Suite Charlotte, NC Fax: Yes, a Marriage Separation Agreement is legally binding, even in states that do not recognize legal separation. Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, and Texas do not recognize legal separation as a formal status, but will still see a Marriage Separation Agreement as a binding contract between the parties.

The exceptions are separate propertythat is, property which cannot be divided by the court and belongs to only one party as his or her exclusive property. Examples of separate property are:. Except for these items, everything else owned either individually or jointly is marital property if it was acquired during the marriage. The title to the property - that is, whose name is on the deed or title - does not matter. So long as it was acquired during the marriage and does not fit into one of the above exceptions, it is marital property and subject to division.

Another category of property that can be divided is "divisible property.

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Pensions and retirement rights can also be considered marital property. This type of property is often very valuable.

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It is an important ct of equitable distribution. As of October 1,all pensions may be considered marital property and divided, whether they are vested or unvested.

Often a spouse's pension is the most valuable asset of the entire marriage, and this should certainly be considered in doing a separation agreement. If there is to be no division, the agreement should say so. If the decision on pension division is to be put off or deferred until the divorce because there is no present agreement, that also should be stated clearly. Make sure the agreement is very specific and plain in this area. The parties' intent as to dividing a pension or waiving this should be explicitly stated.

A poorly worded agreement may be challenged in court as vague and unenforceable, or it may result in a loss of any rights to pension division because they weren't preserved properly in the agreement.

The division of pension rights in a separation agreement can be done in two ways, a present-value offset or a future percentage of payments. The former of these involves calculating the present value of the pension right now and setting it off or trading it against the value of another asset, such as the other spouse's pension or the marital residence.

The second approach puts off the division until whenever the employed spouse starts receiving pension payments.

Date of Separation Really Matters.

At that time the nonpensioned spouse would receive a share of each check equal to one-half or some other percentage of the marital portion.

The marital share is that which accrued during the marriage. The marital share can be calculated by dividing the years of marital pension service by the entire number of years of pension service.

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A good separation agreement also contains terms for allocation of marital debts. You should set out a schedule for who pays what debt in the agreement, including the creditor's name, account number, purpose of the debt, approximate balance and monthly payment amount.

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This will not stop the creditor from suing both parties if payments are not made by one spouse and both names are on the obligation, but it allows the innocent party to ask the court to hold the wrongdoer accountable for the debt as set out in the agreement. As to who should get what debts, there is no "right" answer to this question. In one case, the husband may take on payment for all the debts because his is the sole source of income in the family or because he created the debts in the first place.

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In another case, the wife may take over certain debt payments for things she charged or purchased or for things that she is being given in the property division.

For example, if the husband is getting the station wagon and the wife is getting the washer and clothes dryer, it might seem fair that each should assume the debt payment for the items he or she is receiving. Any sexual relations with a person who is not your spouse is adultery, and so no "dating clause" will serve to make legal something that is illegal. Most separation agreements do, however, contain a clause that allows each spouse to be left alone as if single and unmarried, and forbids each spouse from harassing, molesting or interfering with the other.

You should include a clause about tax filing. This is a very important provision which can save the parties a lot of money in taxes if prepared properly.

2. A separation agreement cannot stop one spouse from harassing the other. While separation agreements usually have a nonharassment clause in them, please advise your clients that no piece of paper - be it agreement or court order - is going to stop a person from doing something he or she wants to do. The New Mexico Marital Separation Agreement is called a Verified Petition for Legal Separation while the final decree issued by the court is called the Final Decree of Legal Separation. In legal separation proceedings in New Mexico, all the issues determined by a family law court are also determined during the legal separation hearings. Jan 11,   My wife and I are negotiating a separation agreement and one of the clauses we discussed was being able to proceed with our lives in a manner as if we weren't married. In other words, we agree we should each be allowed to date and be intimate with others. I was under the impression that NC law states that even if you're separated, it is still considered adultery. Is .

A good example would be a clause that required the parties to file jointly so long as they are eligible to do so usually up until the year they are divorced and to divide the refund or liability for taxes in a specified way, such asordepending on the incomes of the parties. No single attorney can represent both husband and wife in a separation agreement.

It is best to have two attorneys involved, one to advise each partner. In this way, the husband and the wife both know that they have received independent legal advice for their individual situation from a lawyer who does not have a conflict of interest in trying to represent two clients with different goals and needs.

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When the parties cannot agree on pension division, alimony or some other item, don't just leave it out! In this area, it's not "Silence is golden" - it's "Silence is dangerous! The reason? Every good separation agreement contains a general release clause. This states that any rights or claims not set out in the agreement are waived.

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