While not required, a well drafted separation agreement can provide a number of benefits.

First, a separation agreement can address all matters related to a divorce including alimony, property division, child custody, child support, and a waiver of claims against third parties. Rather than leaving the decision to a Court, a couple can negotiate almost any term which is not against public policy.

Second, a separation agreement allows for flexibility regarding disclosure of terms. It can be a confidential contract or it can be incorporated into a divorce. If unincorporated, the terms of the separation agreement remain confidential. For some, confidentiality of terms regarding asset division, alimony and child support are preferred. If incorporated, the separation agreement is enforceable through the powers of the Court.

Third, a separation agreement can be substantially cheaper in attorney’s fees than litigation of various claims in court. Once signed, a separation agreement becomes a binding contract which negates the need for future litigation on the matters included in the agreement.

Fourth, entering into a separation agreement can be must less stressful and hostile than formal litigation. This can be especially beneficial when parties have children in common as there will be a need to co-parent following separation and divorce.

Contact Cristina Quantock if you considering a divorce and want to make sure you are prepared.

About the Author: Cristina Quantock has been practicing in North Carolina for over ten years. Her practice includes both criminal defense and family law. She understands firsthand how emotionally draining it is when a marriage ends and is dedicated to helping her clients navigate this difficult process.

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