Talk to your spouse about your separation agreement. If you can't agree there is no agreement.talking image by Tomasz Wojnarowicz from Fotolia.com
Discuss obtaining a separation agreement with your spouse and determine if drafting your own agreement is acceptable to the other party.
Calculating monthly expenses, debts and assets is important.adding the bills image by Pierre Landry from Fotolia.com
Gather bank statements, bills, credit card statements, insurance, pension and property deeds, among other necessary documents. Include a personal property inventory and evaluate monthly expenses.
Determing how debts and assets will be shared is the next step.Bills 1 image by Big R from Fotolia.com
Determine who is responsible for what bills or debts and who will live in the marital home. Decide who will retain what assets, property and accounts. Make a decision about child custody and support or financial support, if necessary.
Child custody and child support can be included in a separation agreement.mom and son image by Stanislav Komogorov from Fotolia.com
Put your negotiations in writing. It may be helpful for each spouse to make a list of wants or needs based on their individual incomes. Ask yourself questions like: Can I afford the house payment on my own? Who will pay for what share of daycare if children are involved? Should we share custody of the children or have one parent with primary custody? Who will pay property taxes, credit card debts and the mortgage?
Begin with a draft agreement.writing image by jimcox40 from Fotolia.com
Draft the agreement using a computer word processing program of your choice. You may want to title it "Legal Separation Agreement." Be sure to include the date of marriage and date of separation and all agreements made regarding debts, assets, children, alimony or other issues. You may want to include terminology that it is both parties desire to date other people without interference, if that is the case. You may want to model your agreement after a sample document that can be found online or in a legal forms book.
- 6). Review the draft with your spouse. Ensure that you both agree with all terminology and clauses in the contract. Make corrections or revisions as necessary and seek legal advice from an attorney if you choose.
- 7). Finalize the contract. Make it valid by both parties signing the document before a notary. You can find a notary by looking in your local telephone directory. Most license plate agencies in North Carolina (which are private contractors) provide notary services for a nominal fee. You may choose to file the document at the Register of Deed's office but this is not required and makes the document public.
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