Separation Agreements

Often the best way to resolve the issues arising from a separation and divorce is through an agreement with your spouse. With the help of an experienced family law attorney, many separating couples are able to resolve their issues in a contract most commonly referred to as a “Separation Agreement” or a “Separation and Property Settlement Agreement” if it is a comprehensive document resolving all marital property issues.

The Benefits of Separation Agreements

Separation does not always have to result in a long, contentious, and expensive court process. Couples who are able to resolve their marital issues by an agreement hold the power to control their future in their own hands rather than gambling on a Court’s ruling. Court is not only expensive and time consuming but it can easily become overwhelmingly stressful knowing you have placed the outcome of your future in the hands of a judge unfamiliar with your unique situation. Through an agreement, you determine how assets and debts are divided and what is in the best interest of your children insofar as a custody schedule is concerned. After all, no one knows your needs better than you, and with the guidance of an experienced attorney you can ensure your interests are protected in an agreement that is tailored specifically for your family’s best interests.

Issues Separation Agreements Can Resolve

Separation agreements can resolve many issues that arise in a divorce, including everything from child custody, child support, spousal support, division of property and debts, tax issues, and other miscellaneous matters such as life or medical insurance. Because each family has their own unique set of circumstances to contend with, separation agreements are not a one-size fits all form. You have the ability to customize an agreement to the unique circumstances that apply to you. And a separation agreement can be a simple document resolving only one or two issues or a complex and comprehensive agreement containing a global settlement.

Do I Need an Attorney?

Sometimes spouses can negotiate all or part of issues between them and have an attorney simply draft the terms into a formal contract. More often, however, there may not be the ability to communicate directly or effectively with your spouse, and in those instances, an attorney can assist you with preparing a proposed agreement which can be sent to your spouse for their review with their own attorney. Often through negotiation by the attorneys, and utilizing settlement conferences or mediation if necessary, the issues can be resolved by a Separation Agreement which encompasses all issues arising from your separation. In that event, there is no need for court intervention except to file the actual divorce after a separation of one year.

A Separation Agreement is a legally binding and enforceable contract, and in some instances the agreement can be incorporated into a divorce judgment so that it, or certain provisions, become an enforceable court order. Due to the long term legal implications of an agreement, it is highly advised that you consult with a knowledgeable attorney before entering into an agreement to ensure that you not only understand your rights and obligations but that all appropriate and necessary terms are included.