A separation agreement is a written contract between a husband and wife. Subjects such as child custody and support, property division, spousal support, and possession of the marital residence may be agreed upon in a formal separation agreement. A separation agreement allows the parties to agree upon all issues that would have to be litigated in a divorce proceeding, which saves the parties time, money, and peace of mind. However, a separation agreement is an agreement made by the parties, and if one spouse refuses to sign, than legal proceedings may have to be initiated.
A lawyer should always be retained to prepare a separation agreement and supervise the signing (or to review an agreement prepared by the other spouse’s attorney). Never sign a contract without understanding the meaning and the legal impact of each provision. Contact us today for assistance with a separation agreement.