North Carolina Marital Separation Agreement Template
This Marital Separation Agreement (hereinafter referred to as "Agreement") is made and entered into on this ___ day of ____________, 20__, by and between ___________________________ (hereinafter referred to as "Party One") and ___________________________ (hereinafter referred to as "Party Two"). Both parties are residents of the State of North Carolina and this Agreement is subject to the governing laws of said state.
WHEREAS, the parties were lawfully married on the ___ day of ____________, 20__, in the State of North Carolina and now desire to live separate and apart from each other, intending to be legally bound by this Agreement.
It is HEREBY AGREED by and between the parties as follows:
- Separation. The parties agree to live separate and apart from each third party, maintaining separate residences. The separation date shall be recorded as the ___ day of ____________, 20__.
- Children. It is agreed that the custody, visitation, and support of the children born or adopted during the marriage will be as follows: ______________________________________. Both parties commit to acting in the best interests of the children.
- Property and Debts Division. The parties agree to divide their marital property and debts as follows: ___________________________________________________. This includes both assets and liabilities acquired during the marriage.
- Spousal Support. The parties agree that spousal support, if any, will be paid by __________________ to __________________, in the amount of $_________ per month, for a term of __________ months/years, starting from ________________.
- Mutual Release. Each party hereby releases the other from any and all claims, demands, debts, and liabilities that either party may have against the other, except as specifically stated in this Agreement.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, whether written or oral.
- Amendment. This Agreement may only be amended or modified by a written document executed by both parties.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.
IN WITNESS WHEREOF, Party One and Party Two have executed this Agreement as of the date first above written.
_________________________________
Signature of Party One
Date: _______________
_________________________________
Signature of Party Two
Date: _______________
Acknowledgement by Notary Public
State of North Carolina
County of _______________
On this, the ___ day of __________, 20__, before me, a Notary Public, in and for said state, personally appeared ___________________________, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
_________________________________
Notary Public
My Commission Expires: ___________