Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
Over 100 Combined Years of Experience Serving Clients Throughout the Triangle
Separation agreements are contracts regarding typical divorce issues like custody, child support, equitable distribution and alimony. Couples can generally contract to anything as long as it is not illegal. Parties cannot contract to be divorced. Only a court can enter a divorce judgment.
Separation agreements must be in writing and signed by both parties before a notary (not necessarily the same notary) to be enforceable. However, separation agreements are not court orders, and their enforcement and modification options are governed generally by contract law.
At Ellis Family Law, P.L.L.C., our family law attorneys have more than 100 combined years of experience serving clients throughout the Triangle area from our offices in Durham, Cary, Pittsboro and Wake Forest.
Separation agreements are signed when the parties are going to separate or have already separated, but before they receive their absolute divorce judgment.
Keep in mind that any custody agreement can always be modified by a court if the court finds the same not to be in the best interest of the minor child. But support and property division provisions are generally not modifiable by the court, though they may be modified with the consent of both parties, as long as the modification is in writing, and signed by both parties before a notary.
Because separation agreements are contracts, no one can force either you or your spouse to sign it. You maintain some control as to the end result of your disputes rather than submitting your issues to a judge.
The negotiations and resulting contract are private. You do not have to disclose the contents to anyone. When you participate in litigation, all court proceedings are open to the public.
If both parties have an understanding of how they want their issues resolved, this is an efficient process. Even agreeing on a few matters will save time in the litigation process.
Once you sign a separation agreement, it is difficult if not impossible to modify it. That is why seeking appropriate counsel and having an attorney draft the agreement is of the utmost importance. Before you sign ANYTHING, take the agreement to a lawyer to go over what the draft agreement means to you.
At Ellis Family Law we focus on the whole picture, not just the here and now. We make sure to pair each client with the best fit for them so that the process is as comfortable as possible. With multiple specialists with over 100 years combined experience throughout the Triangle, you can rest assured your case is being handled with the expertise it deserves.
No, separation agreements are private contracts that are negotiated and executed outside of court. They also do not need to be approved by a judge or filed.
The terms of a separation agreement typically cannot be changed later unless both parties agree in writing before a notary.
Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
...Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
...Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
Christina is highly knowledgeable and offers excellent service.
...Christina is highly knowledgeable and offers excellent service.
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them...
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them no matter how big or small the issue. They are truly a one of a kind law firm and am so thankful I can count on their guidance.
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how...
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how to navigate it successfully, call Ellis Family Law. Amazing Attorneys!
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported...
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported from start to finish. They are professional, knowledgeable, and incredibly responsive. I worked with Christina & she was absolutely impeccable and I knew after the first phone call I was in the right place to handle my business. Thank you Ellis Family Law.
We are equally skilled in litigation and in resolving disputes outside of court.
Mediation, arbitration, and collaborative approaches that resolve disputes with less stress and more cooperation.
Experienced representation in alimony matters involving lifestyle, earning capacity, and long-term stability.
And for a fun twist: don’t miss our “Pour Decisions” section, featuring wine tips from our lawyer-wine specialist Gray Ellis!
