Separation Agreements

§52-10.1. Separation Agreements

The following text is believed to be the exact statutory language concerning Separation Agreements in North Carolina.

Any married couple is hereby authorized to execute a separation agreement not inconsistent with public policy which shall be legal, valid, and binding in all respects; provided, that the separation agreement must be in writing and acknowledged by both parties before a certifying officer as defined in G.S. 52-10(b). Such certifying officer must not be a party to the contract. This section shall not apply to any judgment of the superior court or other State court of competent jurisdiction, which, by reason of its being consented to by a husband and wife, or their attorneys, may be construed to constitute a separation agreement between such husband and wife. (1965, c. 803; 1977, c. 375, s. 3.)

The statutory language quoted above is believed to be accurate as of 1 October 2009. However, you should check with an attorney to ensure the statutory language has not changed.