· A separation agreement is not proof of the separation of the parties. There is no need to divorce in North Carolina, and it makes a divorce in North Carolina no easier or harder to obtain. Despite the confusing name, divorce from bed and food (a “DBB”) is not divorce. A DBB is a judicial separation. DBB orders are only available in certain circumstances if the spouse requesting the order can prove serious misconduct such as adultery or drug abuse. Once you have broken up on the basis of a DBB injunction, you can still resolve the issues related to separation through a separation agreement, as if the separation had been voluntary. They may also request that the court resolve issues such as division of ownership and assistance after separation by the DBB case. Once you are separated under a DBB order, you still have to wait a year and file for an absolute divorce to legally end the marriage. REAL ESTATE SERVICE. The parties may also agree, in their separation agreement, on a division of ownership, and this agreement is binding on them. The property to be shared consists of immovable property (including land and buildings), tangible personal property (e.g.B. cars, jewellery and furniture) and intangible personal property (such as bank accounts, shares and bonds, pensions and life insurance).
UNIVERSITY PUBLISHING. While a North Carolina judge cannot order a party to pay family allowances for a child in college, a separation agreement can create promises of college expenses that become a binding and enforceable contract. Since university is now less a luxury than much more a necessity, it would be a good idea to think about what elements should be included in the university clause. For example, look at the items in the list below. 25. Construction. This agreement is not an agreement between the parties to obtain the divorce. The same is an agreement that governs their property and marital rights. PREPARATION OF THE AGREEMENT. No lawyer can represent both her husband and wife in a separation agreement.
It is best to have involved two lawyers, one of whom advises each partner. In this way, the husband and wife know that, for their individual situation, they have received independent legal advice from a lawyer who has no conflict of interest in the attempt to represent two clients with different goals and needs.. . .