Separating from your partner is one of the most significant and life-impacting decisions. When you are separated from your partner and have agreed on the terms of separation, it is a great decision to write it into a separation agreement. Approaching Separation Agreement Lawyer can assist you in drawing up this agreement. It is crucial to remember that a separation agreement is separate from a divorce. A divorce takes place after you have been separated from your partner for one year. The separation agreement helps to detail how the divorce proceedings will take place. It is essential to have a clear understanding of the separation agreement.
What is meant by being “legally separated”?
When you are planning to be legally separated, you don’t need to file any sort of documentation. A couple is said to be legally separated when one or both of the partners decide that they want to live separately. There should be no chance of reconciliation and this decision to live separately has to be communicated to the other partner. A couple can be considered to be separate even when they are living in the same house. It is not always easy to decide when the couple is separated as there can be financial repercussions.
What can be understood as a separation agreement?
This type of agreement can be drawn by married and common-law couples. The agreement outlines the rights and obligations that each partner has after separation. It is a written agreement so that both the partners are well versed with what is written in the contract before it can be signed. For it to be valid, it needs to be signed by the spouses and the witnesses. The agreement contains clauses about all important things like assets, debts, children and spousal support. It will dictate how the assets and debt will be divided. The clause about child support will dictate where the children will live, parental decision making, child support amount and duration. The spousal support will include whether it will be paid or not and how much. Agreeing on big things can make the separation process a lot easier.
Why should you consider having a separation agreement?
Separating couples don’t often think about getting a separation agreement. When you have such an agreement in place it helps to provide a sense of finality to the breakup. An absence of agreement can make things complicated in the long run. It is possible that one of the partners can come back to claim that they are owed more support payments than what they are getting. This claim could be absurdly high and it can even go back to a couple of years. Such a thing can also happen when it comes to property division. There is a time stipulation in place that needs to be followed when receiving an equalization or property settlement. In case there is a failure to stick to it, it will mean that you don’t have an agreement. Without an agreement in place, it is hard to know what your rights and obligations are. All of these things can make the separation process more complicated. It will also impact divorce proceedings.