31. Full agreement. This agreement, along with all the exhibits and timetables on it, contains the parties` full understanding of the purpose; and there are no other assurances, guarantees, alliances or commitments than those mentioned. This agreement replaces and replaces all previous agreements and agreements reached by the parties. This is a difficult question that needs to be answered. In general, if you have children together or you have significant assets and/or debts to share and you expect that your spouse will not be cooperative or even difficult, you may be careful, during the separation, as your fact in subsequent custody, fair distribution (distribution of ownership) or supportive spouses of the case will be brought to court. You cannot get married until the final divorce. If you wish to include a separation agreement in the divorce, it must be part of your claim or, if you are the defendant, it must be part of your response to the divorce. If you think about this process, there are some fundamental things that you need if you think about your separation agreement, and your lawyer will need the following data and information: The North Carolina jurisprudence is very clear if it is convinced that the separation agreements are not valid in relation to public policy, unless the parties live separately under separate roofs or plan to separate immediately thereafter at the time of the implementation. Therefore, a separation agreement should only be reached if the parties are separated or intend to separate immediately. There is no strict definition of what “immediate” or “shortly after” means, as it is separation after the implementation of a separation agreement. It is therefore advisable to avoid the shadows and wait until they are separated to sign, as far as possible, a separation agreement.
Your true testimony in court, under oath, can prove your separation. You can also present other witnesses or documents. A separation agreement between you and your spouse can be helpful in showing the court. Another category of properties that can be subdivided is “divisible property.” This is the property that comes from the marital property, but does not exist at the time of separation (DOS). For example, interest and dividends on financial assets under the DOS, post-DOS appreciation (or amortization) and earnings received under DOS for services prior to DOS.