Separation Agreements

A separation agreement can help untangle the interwoven aspects of your life and help with the transition into the next chapter.

Despite a person’s best efforts, sometimes marriage runs its course and comes to an end. This is one of the most difficult chapters in a person’s life, not only are emotions high but many practical considerations need to be addressed almost immediately. Where will you stay? What about the children? What about the pets? Is this mine or yours?

A separation agreement can help untangle the interwoven aspects of your life and help with the transition into the next chapter.

A separation agreement is entered into after a separation and can set out the conditions for the division of the family’s assets and debts, the division of pensions, parenting arrangements between the spouses for children and pets, spousal support, child support, and parenting time. However, spouses cannot contract out of child support payments.

A verbal agreement may be valid but has the challenge of proving that an agreement existed. If that can be proven, there is still a challenge relating to what the specific terms of the verbal agreement were.

Negotiating and drafting a separation agreement can be contentious but it gives the parties the ability to customize a solution both can agree to. If a consensus cannot be reached, a spouse can make an application to the court for a judge to decide on parenting time, spousal support, child support, the division of family property, family debt, and pension.

A judge can set aside a separation agreement if the process in making the separation agreement was inadequate or if the agreement was significantly unfair. Inadequacy may include the failure to disclose relevant information during negotiations, a spouse taking improper advantage of the other’s vulnerability, distress, or ignorance.

Separation agreements can help make the difficult transition of separation easier, brings more certainty, and save both people time and court costs. Contact our experienced family law lawyers to assist you in navigating this process and drafting all of the necessary legal documents.