Can I Change the Terms of a Separation Agreement in North Carolina After it is Signed?

In North Carolina, the terms of a Separation Agreement like any other contract can be modified, changed or destroyed at a later date. It is customary for Separation Agreements in North Carolina to have explicit language stated within the agreement that deals with the possibility of future modifications and the requirements necessary to modify an existing Agreement.

By inserting specific clauses dealing with modification, parties are usually forced to amend or execute a new agreement using the same formalities that were in place in order to execute the original Separation Agreement. Formalities that are usually required are (1) the signing of both parties under SEAL and (2) having each party sign the agreement in front of a Notary Public. Requiring identical formalities to execute a future contract protects the integrity of the current instrument and prevents future acts of fraud.