Marital Settlement Agreement (No Children)

SEPARATION AND PROPERTY SETTLEMENT AGREEMENT (NO CHILDREN)

State of North Carolina

TABLE OF CONTENTS

1. Parties and Recitals
2. Jurisdiction and Venue
3. Division of Marital Property — Real Property
4. Division of Marital Property — Personal Property
5. Division of Marital Property — Vehicles
6. Division of Marital Property — Financial Accounts
7. Division of Marital Property — Retirement and Pension
8. Separate Property
9. Debt Allocation
10. Alimony / Post-Separation Support
11. Insurance Provisions
12. Tax Filing and Obligations
13. Mutual Releases
14. Integration Clause
15. General Provisions
16. Execution, Acknowledgment, and Recordation
17. North Carolina-Specific Notes

1. PARTIES AND RECITALS

Husband: [FULL LEGAL NAME] ("Husband")
Wife: [FULL LEGAL NAME] ("Wife")

The parties state and agree:

a. The parties were lawfully married on [__/__/____] in [CITY, STATE/COUNTRY].

b. The parties separated on [__/__/____] and have lived continuously separate and apart since that date.

c. There are no minor children born of or adopted during this marriage, and no party is currently pregnant.

d. Each party has made full and fair financial disclosure.

e. Each party has had the opportunity to consult independent legal counsel.

f. This agreement is entered into voluntarily and is executed with the formalities required by N.C.G.S. § 52-10 (acknowledged before a certifying officer/notary).

2. JURISDICTION AND VENUE

a. ☐ Husband / ☐ Wife has been a resident of the State of North Carolina for at least six (6) months prior to the date of this Agreement, satisfying N.C.G.S. § 50-8.

b. The parties have lived separate and apart for at least one (1) year with the intent to remain permanently separated, satisfying the requirements for absolute divorce under N.C.G.S. § 50-6.

3. DIVISION OF MARITAL PROPERTY — REAL PROPERTY

a. Awarded to Husband:

b. Awarded to Wife:

c. Transfer shall be by General Warranty Deed or Quit Claim Deed within [____] days. All deeds shall comply with N.C.G.S. § 52-10.

4. DIVISION OF MARITAL PROPERTY — PERSONAL PROPERTY

a. Each party retains personal property in their current possession.

b. Awarded to Husband: [________________________________]

c. Awarded to Wife: [________________________________]

5. DIVISION OF MARITAL PROPERTY — VEHICLES

6. DIVISION OF MARITAL PROPERTY — FINANCIAL ACCOUNTS

7. DIVISION OF MARITAL PROPERTY — RETIREMENT AND PENSION

8. SEPARATE PROPERTY

Husband's Separate Property: [________________________________]

Wife's Separate Property: [________________________________]

9. DEBT ALLOCATION

Each party shall indemnify and hold harmless the other.

10. ALIMONY / POST-SEPARATION SUPPORT

Select one:

☐ a. Waiver of Alimony. Each party waives the right to alimony and post-separation support. This waiver is knowing, voluntary, and enforceable per N.C.G.S. § 50-16.6(b).

☐ b. Alimony Shall Be Paid.

• Payor: ☐ Husband / ☐ Wife
• Amount: $[________] per month
• Commencement: [__/__/____]
• Termination: [__/__/____]
• Termination Events: Death of either party; remarriage of the recipient; cohabitation of the recipient as defined by N.C.G.S. § 50-16.9(b).
• Payment Method: [________________________________]

11. INSURANCE PROVISIONS

a. Health Insurance: Each party shall be responsible for their own health insurance upon execution of this Agreement or entry of a Divorce Judgment.

b. Life Insurance: ☐ Not applicable / ☐ [Husband/Wife] shall maintain a policy of $[________] naming the other as beneficiary through [__/__/____].

12. TAX FILING AND OBLIGATIONS

a. For tax year [____], the parties shall file: ☐ Jointly / ☐ Married Filing Separately / ☐ Head of Household (if qualifying).

b. Refunds and liabilities shall be allocated: [________________________________].

c.

13. MUTUAL RELEASES

Each party releases the other from all claims arising from the marital relationship, including elective share rights (N.C.G.S. § 30-3.1), intestate succession, year's allowance (N.C.G.S. § 30-15), and any other spousal rights in the other's estate.

14. INTEGRATION CLAUSE

a. This Agreement constitutes the entire understanding between the parties.

b. This Agreement is intended to be a binding contract between the parties. It is NOT automatically incorporated into a divorce judgment unless the parties request incorporation.

c.

d. No modification shall be valid unless in writing and signed by both parties.

15. GENERAL PROVISIONS

a. Governing Law: North Carolina law shall govern.

b. Severability: Invalid provisions shall not affect the remainder.

c. Attorney's Fees: Each party bears their own fees unless otherwise agreed.

d. Cooperation: Each party shall execute all necessary documents.

e. Free Trader Clause: From the date of this Agreement, each party shall have the right to buy, sell, mortgage, encumber, and dispose of real and personal property as if unmarried, pursuant to N.C.G.S. § 52-10.

16. EXECUTION, ACKNOWLEDGMENT, AND RECORDATION

HUSBAND:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

WIFE:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

ACKNOWLEDGMENT (Required under N.C.G.S. § 52-10)

State of North Carolina
County of [________________________________]

I, [________________________________], a Notary Public of said County and State, certify that [________________________________] personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and notarial seal this [____] day of [____________], [____].

Notary Signature: ________________________________
Printed Name: [________________________________]
Commission Expires: [__/__/____]

[NOTARIAL SEAL]

(Repeat for second party)

17. NORTH CAROLINA-SPECIFIC NOTES

• One-Year Separation Required: North Carolina requires the parties to live separate and apart for one (1) continuous year before filing for absolute divorce (N.C.G.S. § 50-6). The separation agreement is typically executed during this period.
• Residency: At least one party must have been a North Carolina resident for six (6) months before filing (N.C.G.S. § 50-8).
• Acknowledgment Required: Separation agreements must be signed by both parties and acknowledged (notarized) per N.C.G.S. § 52-10. This is MANDATORY for enforceability.
• File Before Divorce: Claims for equitable distribution and alimony must be filed BEFORE the divorce is granted, or they are waived (N.C.G.S. § 50-11(e) and (f)). A separation agreement resolving these issues avoids this trap.
• Equal Division Presumption: N.C.G.S. § 50-20(c) presumes equal division of marital property. The court considers 12 factors for deviation.
• Adultery Bar: A dependent spouse who engaged in illicit sexual behavior is barred from alimony unless the supporting spouse also committed illicit sexual behavior (N.C.G.S. § 50-16.3A(a)).
• Divisible Property: North Carolina recognizes "divisible property" (N.C.G.S. § 50-20(b)(4)) — changes in value of marital property between the date of separation and the date of distribution.
• Free Trader Provisions: The agreement should include a free trader clause allowing each party to buy/sell property as if unmarried per N.C.G.S. § 52-10.

SOURCES AND REFERENCES

• N.C.G.S. Chapter 50 (Divorce and Alimony)
• N.C.G.S. § 50-20 (Equitable Distribution)
• N.C.G.S. §§ 50-16.1A through 50-16.9 (Alimony)
• N.C.G.S. §§ 52-10, 52-10.1 (Separation Agreements)
• N.C.G.S. § 30-3.1 (Elective Share)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed North Carolina attorney before use.