How to Make a Strong Separation Agreement

A strong separation agreement can help reduce time and tension in a separation or divorce. Here’s how to make a strong separation agreement.

A strong separation agreement between spouses can be difficult to navigate. Discussing the separation of assets and ensuring accurate information will produce a comprehensive contract.

What is a Separation Agreement?

A separation agreement is a contract between spouses including terms about child care, holiday schedules, healthcare, spousal support, and more.

Why is a Separation Agreement Necessary?

In a separation or divorce, spouses may either determine terms through litigation (the use of court rulings) or the formation of a separation agreement through mediation, negotiation, or collaboration. A separation agreement can save time, money, and stress for spouses.

How to Approach a Strong Separation Agreement

1. Negotiate

Hiring a mediator can save time, money, and stress by deciding the terms of separation outside of court.

2. Discuss priorities

Spouses should discuss priorities to make meditation easier. Priorities may include property, parenting time, and child support.

3. Physical property

Outlining the division of physical property such as clothes, books, and sentimental items allow for a comprehensive separation agreement.

4. Divide debt

Debt and bills are responsibilities both partners need to divide. Determine which spouse will be responsible for shared debt and bills.

5. Analyze income

To determine alimony, spouses must assess their respective incomes.

6. Child support

Child support, custody, and parenting time are terms spouses must discuss in the formation of a strong separation agreement.

7. Discuss divorce

Separation agreements are often used in future divorce contracts. Determining the use of the separation agreement in the event of a divorce can help spouses prepare for the future.

8. Draft a written separation agreement

In drafting the written agreement, ensure the contract follows standards and regulations. Consulting an expert attorney can help ensure the quality of the agreement.

9. Sign the separation agreement

To finalize the agreement, both spouses must sign a written contract in front of a public notary.

Tips for a Strong Separation Agreement

1. Use simple terms

The use of simple terms can ensure both spouses fully understand the terms of separation.

2. Account for changing needs

A strong separation agreement may account for evolving terms such as the changing needs of children over time.

3. Consider omitted property

Spouses should discuss what to do if an omitted property (shared assets not included in the original contract) is discovered after signing.

4. Disclose all assets

Make sure to fully disclose all marital assets. If a party hides an asset, the other spouse may challenge the agreement. A challenge may result in the spouse not at fault receiving a greater share of the asset.

5. Use an experienced attorney

Have an experienced attorney review the contract. Spouses should hire separate attorneys.

6. Be specific

Making sure each term is clear and specific can prevent future disputes.

FAQs About Making a Strong Separation Agreement

How are separation and divorce different?

In a legal separation, spouses remain legally married. In a divorce, spouses end their legal marriage. The terms in both separation and divorce are often the same.

Why get legally separated?

In some instances, spouses want to live separately without divorcing. For instance, to stay covered under the same health insurance, spouses may remain married but legally separated.

How long is a separation agreement?

Separation agreements vary in length, but average 8-20 pages.

What happens if one party breaches the agreement?

If one spouse breaks the separation agreement, the non-breaching spouse may find a lawsuit.

Do I need to file for legal separation?

Consult an experienced attorney as certain states require spouses to file a petition to have a separation agreement approved.

Can spouses draft their own separation agreement?

Although spouses can draft their contract, using a family lawyer will ensure the separation agreement follows federal, state, and local guidelines.

Contact Us

If you or a loved one would like to know more about how to make a strong legal separation agreement, get your free consultation today with one of our divorce attorneys.