Agreeing on the Agreement Itself


This course follows along with a sample separation agreement which can be downloaded here.

Paragraph 28 makes it clear that the two of you can only amend this agreement in the future if you both agree putting in writing and notarize it. So it prevents the situation where one of you says, “Oh I thought we agreed later, after this document was signed, to do X, Y, or Z,” and the other did not understand that or doesn’t agree to that.

So those kinds of side deals that occur afterwards, although they’re fine to have a verbal agreement, if you want it to be enforceable and you want it to stick in the same way as this document does, you need to have it in writing, signed, and notarized.  Otherwise, the only document that will be binding will be the terms of the original separation agreement. You can amend this separation agreement in the future if both of you agree.

Number 29, “situs”, makes it clear that we will construe, or interpret, this document in the future if we need to by using the laws of North Carolina. So the laws related to separation agreement, the property settlement, contracts in North Carolina, those laws will apply if they need to, in the future, ever interpret some of the provisions of this document.

Number 30 makes it clear that this document will be binding, this agreement will be binding, on your heirs, your spouse’s heirs, and next of kin. So the idea is that, if either of you dies and there are provisions in this agreement that effect the estate, the estate will be bound by this document.

Number 31, “entire agreement”, his provision makes it clear that the separation agreement is the entire agreement. Therefore, even though sometimes people will later come back and say, “Well, we know that’s what the document says but as we were signing the document, we agreed on X, Y, and Z.” That won’t be binding. If it’s not in this document, this is the entire agreement. There are no warrants, representations or otherwise, and therefore this agreement will be binding on both of you unless you have something in writing, signed, and notarized.

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