A separation agreement and property settlement, “SAPS”, is a contract that settles all issues regarding property (real and personal), inheritance, insurance, finances (debt, securities, retirement accounts, spousal support, investments, banking accounts) and other financial issues related to the dissolution of a marriage. In short, North Carolina law allows parties to enter into a contract that settles the issues of spousal support and property distribution without the need for a court order. The remedies for enforcement are the same as for any other contract action. The district court—the trial division with jurisdiction over family law issues—is the trial division for actions to set aside and/or enforce separation agreements.
How Our Goldsboro Separation Lawyers Can Help
Parties often elect to have their Goldsboro divorce lawyers negotiate terms for SAPS in order to avoid the expenditure of time, money and effort associated with litigation and to prevent private details regarding parties’ finances and private lives from becoming public record.
When negotiating, parties often elect to have specific provisions included regarding a whole variety of issues. Almost always, parties elect to have specific provisions included in the SAPS that dictate that a party be awarded attorney’s fees if that party succeeds in a trial regarding the enforcement of the SAPS. In addition, SAPS agreements often dictate how the parties are to provide the college education of the children. There are even instances where the parties include provisions in the SAPS that dictate the possession of the parties’ pets and who is responsible veterinary bills.
Schedule an appointment today to talk to an attorney at Strickland, Agner & Associates to discuss these issues and determine if this would be right for you.