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If there is only an agreement, a lawsuit for breach of contract is one possible remedy for breaking the promise of not bothering each other, but it may not be a very effective remedy. Please remember, however, that the courts are not necessarily bound by what you say in your agreement.
No law requires a separating couple to execute a separation agreement, but it is a wise idea if there are debts, children, support claims or property involved and the parties want to settle these matters in writing with binding and enforceable promises. You may, however, sue your spouse for breach of contract if he violates the separation agreement. If, however, your spouse promises to pay a bill and then breaks that promise, resulting in your having to pay, you can then sue your spouse for breach of contract for the amount of money you had to pay. If the problem is one of physical violence, a court order would be better than a separation agreement and could be used to punish the wrongdoer if he or she violated the order. CAN WE DECIDE ABOUT CUSTODY AND CHILD SUPPORT IN A SEPARATION AGREEMENT? Yes, and it would be a good idea to settle these issues between yourselves.
A North Carolina divorce decree simply ends the marriage, nothing more.
Therefore, a signed separation agreement can be very important, so that spouses have something to govern their conduct during the divorce and settlement process.
If a party disputes the date of separation on the basis of reconciliation, then the court considers whether there was a voluntary renewal of the marital relationship based on the totality of the circumstances. In the absence of proof to the contrary, however, there is a presumption that the agreement's terms concerning the children are fair, reasonable and necessary for the best interest and welfare of the children. This depends entirely on the law of the place where the agreement is to be enforced or modified – overseas or stateside. The usual ones are room and board, books, tuition and fees. The terms you include for child support, custody and visitation can always be modified by the court in the best interest of the children. CAN THE COURT MODIFY THE TERMS WE INCLUDE IN A SEPARATION AGREEMENT CONCERNING OURSELVES? Unlike the terms concerning children, which are always modifiable by the court, the terms that pertain to adults are harder to change.Though spouses cannot legally file for divorce until they have been separated for at least a year, courts typically do not ask the spouses to provide proof of the separation period.Instead, North Carolina courts take spouses at their word that their separation was at least one year and one day.