How To Draft A Separation Agreement

Warning: your separation contract only commits you and your partner. Your creditors are not parties to the separation agreement and will always come to pay after one or both of them as long as you remain married. According to this Forbes article, there are some possible benefits of separation rather than divorce: if you and your partner agree on how to resolve the “business” aspects of marriage, a separation agreement allows you to live the details in an opposable legal document. If you are considering a divorce, but first want to try to live separately, a separation agreement can help you get through all the practical and emotional considerations about how life would be separated rather than together. A separation agreement is a legal document used by a couple who wish to separate and live separately without divorce. Below is an example of a separation contract on which you can base your own agreement. This is not the only way to write such an agreement, and you may miss some clauses, or add some. However, this is a starting point that you can use when you issue your own contract. Even if you can`t accept any section, all the sections you`ve decided will be helpful in introducing every legal representative you hire and could help reduce costs by limiting contentious issues: you don`t need a lawyer to make a separation agreement. But it`s a good idea to get your own legal advice before signing one. For example, a lawyer can help you understand your rights and obligations to your children and your partner, as well as the rules your agreement must follow to make them legal. A separation agreement will contain many of the same details as a divorce agreement, such as custody of children and spos assistance. If you can agree on the amount and duration of spousal benefits, which is fair and appropriate for both parties, it is likely that the same support arrangements will be included in your divorce judgment.

Note that if you and your spouse agree on a solution to all the important issues in the model separation agreement before meeting with your lawyers, you can pay less legal fees. This could be a possibility of less complicated separations, due to a short-term marriage without children.