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When a couple decides to separate, there are a lot of things they must discuss. The most common is how they’ll share custody of minor children, but what happens when they can’t find an agreement? Are you currently going through your separation, and unsure about separation agreements?
Separation agreements can be helpful and prevent future legal problems. Want to learn more about separation agreement facts and myths? Below, we’ll break down everything you need to know before signing.
The Myths and Facts
The first is that the agreement is only temporary and will lead to divorce. This is not true, as many couples use separation agreements as a way to work through their differences and remain married.
Another myth is that separating couples must divide all their assets equally. This is also not true, as couples can choose to keep certain assets separate or divide them as they see fit.
Additionally, many people believe that legal separation is only for couples who are unable to reconcile their differences. But, couples of all levels of disagreement can use a separation agreement.
A legal separation agreement is a contract between a husband and wife that resolves their legal issues without getting a divorce. The agreement is a binding contract in most states, which means that it has the same force as a divorce decree.
These separation agreements can be an attractive option for couples who want to live apart but do not want to divorce for religious or personal reasons. The agreement can address issues such as property division, child custody, and spousal support.
One drawback is that the agreement is only temporary. If the couple decides to divorce, they will need to create a new agreement that covers all the same issues.
Another drawback is that the agreement is only binding if both parties uphold their end. If one party breaks the agreement, the other party may have little legal recourse.
Additionally, if you have minor children, a legal separation agreement may be more difficult to change than a divorce decree, if one party decides they would like to change child custody or support arrangements.
How to Create a Legal Agreement
If you and your spouse decide to pursue a legal separation, you will need to generate a legal separation agreement that will become a binding contract once both parties sign it. While you can draw up the agreement yourselves, you should have a lawyer do it to ensure the agreement is valid and binding.
You can contact a local family law attorney like Conrad Trosch & Kemmy, for example, to help you generate the agreement. In the agreement, you will need to address important topics.
It includes the division of assets and debts, child custody and visitation, alimony, and any other financial or emotional issues related to your separation. Once the agreement is signed, both parties will be legally separated and bound to its terms.
A Guide to Knowing About the Separation Agreement
If you are considering a separation agreement, it is important to know the basics of what this document entails. This guide can help prevent future conflict and provide clarity during a difficult time.
If you are considering a separation agreement, be sure to consult with an attorney to ensure that it is fair and legally binding. So consult your lawyer today.
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