Separation is never easy. After all, you’re ending a relationship that once meant so much to you. However, if you’ve decided to separate from your spouse or domestic partner, there are a few important things you should know about separation agreements. Whether you’re going through a contested or uncontested separation, a separation agreement can help ensure that your rights and interests are protected. In this blog post, we’ll go over the basics of separation agreements so that you can make an informed decision about whether or not this type of agreement is right for you.
What is a Separation Agreement?
A separation agreement is a legally binding document between two people who are separating from a spouse or domestic partner. The goal of a separation agreement is to come to an agreement on how things like child custody, child support, spousal support, and property division will be handled after the separation. A separation agreement can be used for both contested and uncontested separations, but it’s especially useful for uncontested separations, as it allows both parties to work together to create an agreement that works for everyone.
What should be included in a Separation Agreement?
Every separation agreement is unique, as it’s based on the specific needs and circumstances of the separating parties. However, there are a few key items that should be included in every separation agreement, including:
• Child custody and access: the agreement should state who will have primary custody of the children and how visitation will be arranged.
• Child support: the agreement should state how much child support will be paid by each party and how long it will be paid for.
• Spousal support: the agreement should state how much spousal support will be paid, if any, and how long it will be paid for.
• Property division: the agreement should list all assets and debts and detail how they will be divided between the parties.
• Insurance: the agreement should address who will be responsible for maintaining health and life insurance coverage for the children and the parties.
Do You Need a Lawyer for a Separation Agreement?
While it’s not always necessary to have a lawyer for a separation agreement, it’s highly recommended. A separation agreement is a legally binding document, and while you can create one on your own, there’s a risk that you may overlook important items that should be included. Having a lawyer review your agreement before you sign it can ensure that your rights and interests are protected and that the terms of the agreement are fair and equitable.
Can a Separation Agreement be Modified?
Yes, a separation agreement can be modified if both parties agree to the changes. However, any modifications to the agreement should be made in writing and signed by both parties, and it’s always recommended to seek the advice of a lawyer before making any changes to the agreement.
What Happens if a Party Violates the Separation Agreement?
If one party violates the terms of the separation agreement, the other party has the right to take legal action. Depending on the violation, this could include seeking a court order to enforce the terms of the agreement or seeking compensation for any damages caused by the violation. That’s why it’s so important to ensure that your separation agreement is detailed, specific, and legally binding.
Conclusion:
Going through a separation isn’t easy, but having a separation agreement can make the process much smoother. Whether you’re going through an uncontested or contested separation, a separation agreement can help you protect your rights, your interests, and your children. By including all necessary items in your agreement, seeking the advice of a lawyer, and ensuring that the agreement is legally binding, you can move forward with confidence and peace of mind.