What is a Separation Agreement?
A separation agreement is an agreement between spouses who want to live separately and can be the first step in a divorce. This agreement usually covers the period of time between when the couple separates until the divorce. Both spouses would be legally bound by a separation agreement.
What is Included in a Separation Agreement?
A separation agreement can include several marital issues and how they should be resolved during the separation. Although not an exhaustive list, a separation agreement usually outlines and explains the following items:
- terms of the separation;
- allocation of assets;
- division of debts and liabilities;
- child support; and
- child custody.
Do Both Parties have to Agree to the Separation Agreement?
In short, yes. The spouses must agree on the terms of the separation agreement in order for it to be enforceable. A separation agreement should also be in writing in order to memorialize all the terms of the separation. If both parties agree to the agreement, they can sign the agreement and have it notarized.
Do I Need a Separation Agreement?
A separation agreement can be a useful tool to have if you are living separately from your spouse. It can help address the most important and practical issues of your marriage like child custody and child support. In addition, a separation agreement may be a good option for couples who are not entirely sure about divorce and would like to keep their options open about reconciliation. An experienced divorce attorney can help you create a list of issues that should be addressed in your separation agreement.
If you have any questions about the legalities of your separation or divorce, CLICK HERE TO CONTACT Mattleman, Weinroth & Miller, P.C.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced attorneys throughout the states of New Jersey and Delaware. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.