No individual enters into a marriage expecting a divorce. Unfortunately, many marriages eventually end. When that happens, it’s essential to have a separation agreement in place to spell out the divorce details and how each party will move forward.
A separation agreement can help avoid costly and time-consuming litigation and ensure that both parties are treated fairly. If you’re considering getting a separation agreement, here are some essential details you should know.
What Does a Separation Agreement Include?
A separation agreement can vary in length, but it typically includes the following sections:
No matter how your separation agreement is, disputes are bound to arise. It’s essential to know how to deal with these situations before they happen; otherwise, they become more challenging to solve. Having a clause in your agreement that clearly states what happens if there is a dispute will save both of you from future headaches.
It’s common for one or both parties to incur expenses when splitting up. Typical examples are moving costs, loan repayments, and legal fees. Being able to clearly outline which person needs to cover what expense is an essential part of the separation process
Having a section in your agreement that outlines how you will deal with custody of any children you have together is very important. Having your intentions stated would make any future conflicts or disagreements easier.
Division of Property
Any asset accumulated by either person while in a relationship will need to be divided fairly. It can present considerable challenges to separating couples, particularly if one party claims property or things like pensions or money should go to them alone.
Most of the time, spouses disagree with the other about what they will do with their marital home after separation. They need to include what will happen to the house in the separation agreement and who will benefit from it.
If you and your previous spouse share custody of a child or children, it is vital for both parents to be on the same page regarding parenting. It could include things like arrangements when one parent has the kids overnight and how much time each parent gets throughout the week and month.
Separation is Complex
As much you have grown apart, your lives are still connected in assets, properties, finances. Therefore, you need to agree with your partner to help create a framework that eases any future disagreements. Having a separation agreement on your side will ensure that things go as smoothly as possible and that no one feels taken advantage of at that moment.
Separations are binding by law, so seeking legal help is wise. Not only that, but it’s also wise to have researched the process before speaking with an attorney.
Separation agreements are a critical tool for separating from your partner in the event of an unexpected divorce. Yet, it is also crucial to have these documents ready on time. And we are your go-to place to get your marital separation agreement form for free.