How To Make a Separation Agreement?

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A separation agreement is a created official document that memorializes the relationship and divorce agreements of a husband and wife prior to breakup. This documents must be signed and notarized to get useful. It must be applied for voluntarily with full understanding and disclosures on the part of both parties to be enforceable.

Tips on how to Make a Separation Agreement

In case you and your spouse are being civil together, then this could be easier on you both. Otherwise, it may be a bit difficult as you will need to do most of your speaking with your lawyers. Remember though, not all states need that you file separation contracts and not all states require using a lawyer to be able to create a separation agreement. This can be accomplished privately with no assistance from the court when you so choose.

A separation agreement contains the legal aspects of which will keep what property, who will pay what debts and all matters regarding any children resulting from said marriage. Consider this agreement as a means to protect yourself and your wife or husband should any kind of issues arise after the two of you choose to end your relationship but just before you are actually divorced.

How can we divide all of our property within the separation agreement?

This will depend on state government where you live. For instance, in North Carolina, you will find a strong assumption that most property acquired through the marriage is split on a 50-50 or the same basis. This can be presumed to be fair. Some other divisions, such as 60-40 or 75-25 are definitely legal if the people agree that this division is fair and equitable. And on rare occasions they are granted in the court after a long and contested trial.

In North Carolina, marital property, with selected exceptions, is anything acquired through the marriage. The exceptions are separate property, that is, property acquired by either party just before their marriage or property acquired at anytime by give (from a friend or relative other than the husband or wife) or inheritance. 

The title to the property or home -- that is, whose title is on the deed or title -- is not the deciding aspect in determining what exactly is separate and what is marital property.  Rather, when the investment was acquired (i.e., earlier than or during marriage) and how it was acquired (i.e., by use of marital funds or separate funds, from present or inheritances, etc.) is the important consideration.