Start Your Divorce Today - Premium Divorce Online

Topic Options
#772776 - 12/03/16 12:53 AM property agreement before separation
gdmcg Offline
recently joined

Registered: 12/03/16
Posts: 3
I live in NC, and one of the requirements for a legal separation is that the parties live in different dwellings. My wife cannot afford to do this, and is currently living in the guest room. In exchange for letting her stay until she finishes school, she is willing to be reasonable and sign an agreement for equitable distribution now in the event we go through with a divorce. A separation agreement would handle this, but she would have to move out. Is there any contract we can sign that would be binding in the future, like a separation agreement, but without separating?

Top
#772777 - 12/03/16 02:44 AM Re: property agreement before separation [Re: gdmcg]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
Probably best to consult with a lawyer who knows NC family law, but it seems like, assuming the divorce would be amicable, you could write up and sign a marital settlement agreement now and just hang on to it. It wouldn't have any force and you wouldn't be divorced until you submitted it to a judge, but you'd be protected in the meantime if she tried to back out of the deal.

Top
#772781 - 12/03/16 04:17 AM Re: property agreement before separation [Re: gdmcg]
gdmcg Offline
recently joined

Registered: 12/03/16
Posts: 3
That's the question - is there such a document?

Top
#772782 - 12/03/16 04:47 PM Re: property agreement before separation [Re: gdmcg]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
It's something that would be written up by a lawyer. It's reasonably common (and encouraged by many courts) for a divorcing couple to arrive at a negotiated agreement for the judge to approve, rather than asking the judge to settle your disagreements.

Top
#772784 - 12/04/16 07:16 AM Re: property agreement before separation [Re: gdmcg]
gdmcg Offline
recently joined

Registered: 12/03/16
Posts: 3
Well, the point is I don;t know if a divorce will happen. A pre-nup would have been useful, but you can't sign one after marriage. A separation agreement would be binding, but you have to separate. I've found that there is actually a post-nup, which remains in effect should we separate and divorce in the future. I think this is exactly what I was looking for.

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: