If you think about this process, there are some basic things you need if you are thinking about your separation agreement, and your lawyer will need the following data and information: You have the right to file for divorce, also known as “absolute divorce” only after you have been separated for at least a year and one day. This means that you have lived in different houses and that at least one of you intended the separation to be permanent during this period. To file for divorce in North Carolina, you or your spouse must currently live in North Carolina and have lived in the state for at least six months before the divorce case is filed. A separation contract is a private contract between spouses who are separated or who plan to separate very soon. A separation agreement contains agreed terms to deal with various separation issues, such as. B the spouse responsible for certain bills, the question of whether a person continues to live in the matrimonial dwelling or where the children will live. A typical separation agreement includes details of separation, the property department, sp upon the spouse and, if there are children, custody and assistance to the children. Among the defence measures that could impose a separation agreement, which could lead to the cancellation or invalidation of the entire document or certain provisions, are: if public policy issues are at stake, for example. B when couples make a separation agreement while still living together and separating immediately; the mental incompetence of a party; Appropriate non-disclosure of assets; fraud, coercion and inappropriate influence (e.g.
B where one spouse forces the other spouse to disclose an agreement under threat of disclosing harmful information); reciprocal errors of material facts; unacceptable that can be procedural (for example. B fraud during negotiations) or material (for example. B, grossly abusive clauses). If there is no split, the agreement should say so. If the decision on pension sharing is to be postponed or postponed until divorce due to the lack of a current agreement, this should also be clearly formulated. Make sure the agreement is very specific and clear in this area. The parties` intention to distribute or renounce it should be explicitly explained. A poorly drafted agreement may be challenged in court as vague and unenforceable, or may result in a loss of pension division rights because it was not properly maintained in the agreement.