Fast-Track to Divorce with Marital Separation Agreement
A Marital Separation Agreement can fast-track your divorce and save you a lot of time, money and hassle, and allows you to have a say on how your rights and responsibilities will be allocated, rather than having such matters dictated by the Court.
If you and your marital partner already know and agree how you will separate finances and family responsibilities, you are most of the way there and a Marital Separation Agreement is a flexible, straight forward and simple means to end your marriage. By entering into a Marital Separation Agreement, you make your divorce an uncontested divorce.
By entering into a Marital Separation Agreement, you make your divorce an uncontested divorce
A Marital Separation Agreement typically allocates such things as marital property, assets, debts, and if applicable- spousal support, child custody terms, parental responsibilities, and child support. A Marital Separation Agreement enables you to clearly document the terms of your separation, rather than rely on verbal agreements.
In fact, an executed Marital Separation Agreement does not have to be filed with the Court to be effective. It is a legally-binding contract in and of itself. It is possible to modify or amend a Marital Separation Agreement, providing both parties consent, and it can be modified by the Court, but the Court nearly always approves the Marital Separation Agreement, providing it is fair and reasonable to both parties and if there are children, then in the best interest of the children.
An executed Marital Separation Agreement does not have to be filed with the Court to be effective
You can execute a Marital Separation Agreement before or after filing for divorce, whether you and your marital partner have decided to live separate and apart prior to- or during divorce proceedings and even if you and your partner are still living together. A Marital Separation Agreement can even be used in lieu of a divorce if you want to permanently live separate and apart and maintain legal marital status.
Note: in some jurisdictions, Legal Separation and any applicable waiting periods may be mandated pre-requisites for filing for a divorce.