Separation Agreement Advice
A separation agreement advice is a legally binding agreement voluntarily signed by a couple who is considering the idea of separation but does not want a divorce. It is also considered by the couples who do not plan to separate but need some time away from each other to mend things and reconcile after some time. This agreement is used to legally divide the property, marital responsibilities, alimony, child custody, and child support to give both parties a fair share of separation. Since it is a legal document, both parties are expecting to draft it fairly and disclose everything beforehand. The agreement is to be carefully read and agreed to by both parties before submitting it to the court for further legal proceedings.
What is the difference between a separation agreement and a divorce?
Where many people consider separation and divorce to be the same thing, the law states both of them to be individual and different processes. Separation agreements and divorce are legally binding documents but are slightly different from each other.
Separations are when both spouses decide to move on in their respective lives without each other but are still legally married. In many cases, the couple reconciles after separation because they are legally married and can get back together. The separation process does not involve court trials and legal proceedings.
Whereas when a couple files for divorce and signs a divorce agreement, they do not stay legally married to each other. The marriage gets legally canceled after a divorce. The divorce process includes legal proceedings and may consist of court trials in some cases.
Separation is precisely not a divorce, but it may be the first step towards a DM divorce mediation in some cases.
When to consider a separation?
Separation can be considered in the following situations:
- When a married couple wants to file for a divorce: In this situation, the separation agreement is usually attached to other documents and is used in legal proceedings of a divorce. It is connected with different papers which are considered part of the judgment. This is done to make it easier for the judge to decide.
- When a couple does not want a divorce but does not want to live with each other either, a couple might have their reasons not to live together but wish to stay in a legal. In this situation, they consider filing a separation agreement to divide their assets and responsibilities fairly. And stay legally married without living with each other.
- When a couple does not want to live together, there’s a chance of reconciliation. In this situation, the couple usually files for the separation to spend. Some time without each other and sort their differences out, and then, later on, they get back together.
Points to include in the agreement.
Anything can be included in this agreement if both the parties agree to it, but the points. That are usually a part of the separation agreement are as follows:
- Child support: this mainly contains the payments and the dates of payments. The parents must make that for their child’s support and life.
- Alimony: This is also known as spousal support and includes payments made by earning spouse for the other spouse to support their lifestyle and settle the divorce.
- Property Division: This point consists of the fair division of the couple’s assets.
Benefits of a separation agreement.
- Self-controlled: During a separation process, you and your spouse, instead of the judge and court. You are in control of your decisions and agreements.
- Cost: This process is economical and less expensive than court trials.
- Clandestineness: Unlike court proceedings, the confidentiality of the cases they are maitain. In the separation process because they are private settlement meetings. And are not open to the public until and unless you grant them access.
- Time: Compared to legal proceedings and court trials, the separation process consumes less time.
What agrees invalid?
Though the separation agreement advice is valid and does not involve the court, there are a few reasons which might challenge the validity of the agreement, such as:
- Involvement of two attorneys: During the drafting and agreement of the separation process. Both parties expect to have different attorneys for the process to be fair and legal. If this rule is not follow, the court may question the agreement’s validity.
- Unfair: If the agreement is unfairly in favor of either of the spouses, the court may order. It is to be involuntarily or unjust and has the right to rule against it.
Enforcement: If either of the parties is forced to sign the agreement, the separation is considered invalid.