Sample Nc Separation Agreement

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okt 062021

2. A separation agreement cannot prevent one spouse from harassing the other. While separation agreements usually contain a non-delivery clause, please inform your clients that no piece of paper – whether it is an agreement or a court order – will prevent a person from doing something he or she wishes to do. If the problem is physical violence, a court order would be preferable to a separation agreement and could be used to punish the wrongdoer if he or she violates the order. If it is another form of harassment, it may be possible to go to court to obtain an injunction or to sue the spouse for damages, but these may not be very effective remedies in most cases and they will certainly not be profitable. 21. Waiver of rights, duties or benefits with respect to wills, trusts, death benefits and property damage insurance income. John and Mary expressly waive all rights, claims or benefits (including an appointment as a personal representative, inheritance or agreement) in a will executed by the other party prior to the date of this Agreement. 3. Maintenance payments may be abolished. It is always preferable to clearly define such a concept in the agreement. Do not let it down or leave the agreement on this subject silent. Waiver of maintenance is such an important concept that it should be clearly formulated in the agreement in order to avoid any misunderstanding.

North Carolina requires a couple to be separated for a period of one year and one day to qualify for divorce. While North Carolina does not recognize ”legal separation” as a clear legal status between marriage and divorce, separation agreements between spouses, such as the North Carolina Separation Agreement and the property regime we propose above, are legally recognized and binding. . . .

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