⚠ NEXT STEPS — IMPORTANT
This checklist is not a legal agreement. It is a preparation tool only.
Required steps before your agreement is valid:
1. Have a licensed NC attorney draft the final Separation Agreement using these terms.
2. Both parties must sign the agreement before a notary public.
3. The agreement is NOT filed with the court — it is a private contract.
4. If you later want the agreement incorporated into a divorce decree, it may be submitted at that time.
G.S. 52-10 — Contracts between husband and wife are valid.
G.S. 52-10.1 — Separation agreements must be in writing and acknowledged before a certifying officer.
NEED AN ATTORNEY TO DRAFT?
This checklist ensures you've addressed every issue. Once complete, a licensed NC attorney can draft your Separation Agreement using these terms.
BARKER RICHARDSON, PLLC →STATUTORY REFERENCE
SEPARATION AGREEMENT BASICS
- A separation agreement is a private contract — it is NOT a court order and is NOT filed with the court (unless later incorporated into a divorce decree)
- Both spouses must sign before a notary public — electronic signatures are NOT valid for NC separation agreements
- Once signed, it is binding. Both parties should have independent attorneys review it before signing
- NC requires one year of physical separation before you can file for an absolute divorce — a separation agreement does not speed this up
- Property divided in a separation agreement cannot later be redistributed by an equitable distribution claim
QDRO — RETIREMENT ACCOUNTS
- Dividing a 401(k), 403(b), or pension requires a Qualified Domestic Relations Order (QDRO)
- A QDRO is a separate court order — your attorney must prepare it after the separation agreement is signed
- IRAs are divided by a different process — a "transfer incident to divorce" does not require a QDRO