Legal Separation: Considerations To Keep In Mind When Drafting Up A Separation Agreement

Before getting divorced, many couples spend some time in legal separation. Although most separations typically only last one year (with 79% of separations ending up in divorce), some drag on for decades. Some couples prefer being separated rather than getting a divorce for religious, financial or personal reasons. If you and your spouse are separated, most family lawyers would recommend drafting up and signing a separation agreement that describes the terms of the separation to protect the best interest of both parties. Read this article for more information.

What Is a Legal Separation?

Technically speaking, once you and your spouse are no longer living together, you and your spouse are separated. If both of you continue to live under the same roof, however, you will need to show that you are no longer 'husband and wife'. This means that you can prove that the following changes have been made in the relationship:

A lack of sexual interaction. The court may want further details regarding where both parties sleep.
Divided financial responsibilities and assets. Both you and your spouse should operate under separate bank accounts, and should have separated financial responsibilities.
Notified family and friends regarding the separation.

Additional information may be required. Once you and your spouse have decided to proceed with the legal separation, drafting up a separation agreement can help divide up chores, responsibilities and custody of the children to prevent further disagreements and misunderstandings and enforce the terms that are involved.

What Are The Terms and Conditions That Should Be Included in the Separation Agreement?

First of all, both you and your spouse may want to seek counsel with separate family attorneys to ensure that no conflicts of interests arise. Your lawyer will act on your behalf to negotiate the terms and conditions and act as a mediator to ensure that the separation agreement is in your best interest. The separation agreement should include:

Custody of the children. For example, you and your spouse may want to decide whether one of you will have primary or sole custody or whether both of you will share joint custody over the children. You may want to include details regarding who will have the children at what times.
Child support arrangements. Depending on the custody arrangements and income of each parent, one parent may decide to pay child support to another to ensure that the children's quality of living is maintained.
Spousal support arrangements.
How debts and assets will be divided.
The bills that each parent is responsible for. This is particularly important if both of you decide to stay in the same home during the separation period.
Any provisions that allow for the terms to change should certain circumstances arise. For example, you may agree to pay separation support to your spouse if your spouse loses his or her job during the separation.
Whether the separation agreement will carry forward to form the terms of a divorce agreement.

Once you and your spouse have signed the written separation agreement, it can be enforced in court. A separation agreement can help eliminate any misunderstandings and frustrations that may arise during this time, so that there is less of an emotional toll on both parties, as everyone knows what to expect.

Conclusion

A family lawyer can advise you of your rights and responsibilities to ensure that the separation agreement will hold up in court should the need arise. Keep in mind that the separation agreement is a binding contract, so you should always make sure that your best interests are considered before signing. If you and your spouse cannot agree on any of the terms, your attorney can act as a mediator to help you negotiate the terms and conditions involved.

If you need further information, you can click here to learn more about the methods a lawyer will use to help you.

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