A Separation Agreement is a legal, valid and binding contract between a married couple which can dispose of some or all of their marital rights, responsibilities and obligations which have arisen during their marriage. In order to be legal, valid, and binding the Separation Agreement must be in writing and acknowledged by both parties before a notary or other certified officer. Any married couple is authorized by law to execute a Separation Agreement.
The McNeil Law Firm can guide you through the process of negotiating and drafting a legally binding Separation Agreement. We offer personal assistance and checklists for the information that needs to be gathered to ensure that all of your matters, accounts and concerns are carefully addressed.
The legal and family law issues which are included in a typical Separation Agreement can vary as much as the parties who are entering into the Separation Agreement. A couple can use the Agreement to divide property, define any rights to spousal support, and set out child custody and child support. There can even be provisions regarding visitation for family friends or even pets. Click here for a list of typical topics and matters which can be covered in a Separation Agreement.
Before entering into any Separation Agreement remember that if the Separation Agreement is executed properly it will be a legal, binding and enforceable contract. The law regarding contracts is significantly different from the law regarding court orders. It is much more difficult, and sometimes impossible, to modify the terms of a Separation Agreement that you are no longer able to comply with or which you want to modify because circumstances have changed. This is why it is extremely important to have an experienced lawyer review your Separation Agreement before it is signed.
Mediating Separation Agreements
If you have an attorney and need assistance mediating the terms of your Separation Agreement with your spouse and their attorney, Mr. McNeil is a Certified Mediator and can mediate the terms of the Separation Agreement. We have the facilities to conduct Family Financial Settlement Mediation. Our warm and inviting office provides free parking, WiFi, large conference rooms, and is handicap-accessible.
Our office is conveniently located in Midtown Raleigh and is easily accessible from downtown Raleigh, North Hills Mall, Triangle Town Center, Crabtree Valley Mall, or Durham via I-550, I-440, Capital Blvd. and Highway 70.