2. A separation agreement cannot prevent one spouse from harassing the other. While separation agreements generally contain a non-harassment clause, please let your customers know that no piece of paper - whether it is an agreement or a court order -- will prevent a person from doing what they want. If it is physical violence, a court decision would be preferable to a separation agreement and could be used to punish the perpetrator if he violates the order. If it is another form of harassment, it may be possible to go to court to get an injunction or sue the spouse for tortious damages, but in most cases it cannot be very effective remedies and they will certainly not be profitable. A separation agreement can be drawn up immediately after you and your spouse have separated as soon as you reach an agreement on the answer questions. It can even be done just before separation as long as there is not a lot of time between the date of the signing and the date of separation. A few days is probably okay; A few months, certainly not. To avoid challenging the validity of the agreement, it is safer to wait until you are in separate residences. Once the contract is signed, you have to wait a year and a day from the date of separation, and then anyone can file for divorce (see our absolute divorce page). 3. Remember -- unlike the terms that relate to children that can always be changed by the court, the terms relating to adults can only be changed by the court in very limited circumstances. For example, if the separation agreement was introduced in a court order, the North Carolina court has the power to change the conditions of assistance (child care or child care) on the basis of a change in circumstances.
If the terms include a section of ownership and the agreement has been included, the court can only amend an enforcement commitment (i.e. a commitment that is not yet completed, such as the transfer of a car title to a spouse next year). Compare this to a promise already made by the parties (for example. B the deed of the house signed at the same time as the execution of the separation contract to a spouse). The court may overturn a separation agreement if it has been signed because of fraud, coercion or lack of mental capacity. However, in most cases, this is a difficult case to prove.