Separation Agreements & Property Settlements

At Gabriel Berry Weston & Wells, L.L.P., our goal is to work out a comprehensive, global settlement of all issues including assisting clients with pre-nuptial agreements, post-nuptial agreements and family partnership agreements.

By virtue of being married, the law imposes certain legal rights and responsibilities between spouses as it affects both spouses’ financial obligations, property rights, and custodial and visitation and support rights with regard to the children. While you may be physically separated, you are still legally married and without a separation agreement to settle these rights and obligations between you, you leave yourself open for potential problems.

Equitable Distribution

The actual division of rights and interests in all types of tangible and intangible property is called “equitable distribution”.

The step-by-step process involved by courts in equitable distribution are as follows:

Accurately identify the property existing at the date of separation

Determine what is marital property, what is separate property (not subject to division) and what is mixed property (only part of which may be subject to division)

Determine the fair market value of the property subject to division

Distribute the assets and property in a fair and equitable manner

The primary goal of equitable distribution is to divide property equitably and fairly. The secondary goal is to minimize the litigation costs so that the assets of the parties available for support, maintenance, future income, retirement income, college education and similar needs are not consumed by the court fight. There are several ways to fast-track equitable distribution including mediation, binding arbitration and collaborative law.

Contact M. Douglas Berry of Gabriel Berry Weston & Wells, L.L.P. Today

Douglas serves his clients throughout North Carolina including: Greensboro, High Point, Winston Salem, Burlington and Asheboro. Call 877-361-0529 or contact M. Douglas Berry online to schedule an initial consultation today.

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