Divorce Attorney Separation Agreement
If you sign a deal without talking to a divorce or family lawyer, you can waive rights you didn`t know. As a general rule, a separation agreement is the result of numerous discussions and negotiations on the sharing of assets and liabilities, as well as all matters relating to assistance, maintenance, conservation or visitation. If you are in a divorce or separation situation, the standard separation agreement below will help you reflect on and prepare for these discussions and negotiations. Your lawyer can use the agreement model as a resource, but wants to design an agreement specifically tailored to your situation. If you and your spouse decide to live separately and separately, but they do not wish to divorce, you can enter into a separation contract. A separation agreement is a written agreement that you and your spouse voluntarily sign without including the court. Often, a separation agreement can allow you and your spouse the time you need while you try to repair a marriage that may disintegrate. No matter how consensual your separation is, you and your spouse have conflicting interests. A separation agreement should not be filed in court, but may be submitted to the court in the event of a dispute. As with pre-marriage and post-marriage agreements, a separation agreement may not be applicable if one party is not fully disclosed or the other party is obliged to enter into the agreement. If and if the parties formally submit the divorce, the terms of the separation agreement may be included in a settlement agreement, but the parties have the option of amending the terms if necessary. A separation agreement must be voluntary. Neither party may be forced or obliged to sign such an agreement.
It is important to understand that a separation agreement is not a court decision and that the court will not compel your spouse to respect the agreement using the court`s contempt powers. To ensure compliance, you can sue your spouse for breach of contract if he violates the separation agreement. Talk to experienced family lawyers from Haas Associates, P.A. to guide you through the legal process of developing, verifying and negotiating a separation contract or if you or your ex-spouse is currently violating a separation agreement. If you and your spouse divorce at the end, there are several things that can happen with the separation agreement, depending on how it was written. First, the separation agreement could mean that it will be part of the subsequent divorce judgment. This is called merger. When a separation agreement provides for a divorce order, the post-divorce separation agreement is no longer considered a separate and enforceable contract and can be changed more easily. Sometimes people call me to tell me that they have thought about using an online service to prepare their separation agreement, and they want to know if a lawyer is really needed or not. Second, the separation agreement may say that it will survive as a separate agreement after the divorce.