Sometimes couples write down their understanding and adherence to important decisions such as: who will pay the debt? Who`s going to babysit the kids? Who will keep which property? This mutual understanding is called the “separation agreement.” As of January 1, 2019, which affects the support agreement granted by a separation agreement signed after that date or by a court decision made after that date, the maintenance bill will no longer be included in the calculation of the gross income of a dependent spouse. Whether you have sex with the person or not, this can cause problems. If you start to the person immediately after a separation and suspicion there, then, of course, will lead your spouse and his lawyer. If you have actually had sex with the person, then the post record of sexual misconduct can be used to confirm allegations of misconduct prior to separation. Separation agreements must be concluded in writing (not orally), must be signed by both parties and both signatures must be certified notarized. Although a separation agreement is not required, you must be legally separated for at least one year before you can file for divorce in North Carolina. When it comes time to file for divorce, both parties must declare under oath that their separation lasted more than a year. A separation agreement is not necessary to be legally separated from your spouse. However, a separation agreement can resolve many of the legal issues related to the end of a marriage. For example, you can decide how to divide your property and whether one of you pays the lower limit of the other. In some cases, spouses may request that the separation agreement be part of their final divorce decision.
Spouses who are able to resolve separation issues through a separation agreement can make these decisions themselves and avoid having to go to court. The division of pension rights into a separation agreement can be done in two ways: a cash value compensation or a future percentage of payments. The first involves calculating the current value of the pension and compensating (or negotiating) the value of another asset, such as the other spouse`s pension or marital residence. The second approach delays the allocation until the active spouse begins to collect pensions. On that date, the non-retired spouse would receive a share of each cheque equal to half (or another percentage) of the marital share. The part of the marriage is the part that occurred during the marriage. The marital share can be calculated by deifying the years of marital retirement by the total number of years of pension. If the latter is not known, the marital proportion is expressed as a formula: “19 x, where 19 is the year of military service for the husband during his marriage to his wife, and x represents the whole year of his military service.” You entered into the written agreement, developed without a lawyer, at a time when you both predict that you should ask a judge to rule on the issue of child custody, because you both had strong differences on that.