SEPARATION AGREEMENTS
Couples who are going through a difficult time in their relationship may not readily entertain the idea of divorce, but are agreeable with temporary separation. During this period, the couple can enter into a separation agreement. This agreement documents how your assets and responsibilities are to be divided during the separation period. The contract is legally binding and enforceable in the future. It generally allows splitting couples more flexibility by agreeing among themselves about the terms of the separation without going through the rather painful and expensive court order process.Contents of a Separation Agreement
The contents of a separation contract can vary from one another and are heavily dictated and agreed by the separating couple themselves. In most cases, the agreement details the arrangement for financial division of the couple or the family, as well as parental rights and obligations like custody, visitations and child support.
Separation agreements specifically states who will reside in the matrimonial home and in the couple’s other properties. The agreement should also indicate who will have custody of the children and even the family pets. It should also contain how financial obligations like education, healthcare and other expenses related to child-rearing are being divided among the couple. The division of the couple’s joint finances, businesses and other income-related ventures that the couple invested in during their married lives should also be indicated into the contract.
Separation Agreement in Wakefield, Massachusets
When a couple decides that a separation agreement is needed and beneficial at this time of their lives, they need to consider consulting with legal expert to make the contract valid, enforceable and legally-binding. A competent family lawyer will guide you through the drafting of the agreement and ensure that it is honest and fair. Your lawyer should also be able to inform you of the update laws relative to the contents of your agreement, resolve issues with your spouse and the separation legally as well as ensure that your rights are protected and upheld.
To make the agreement legally binding, it is important to remember that the contents are agreed by both parties. You should not feel compelled to sign the agreement if you don’t voluntarily want to or do not agree with all or some contents of the contract. The contract also becomes unenforceable if you and your spouse have not fully disclosed all financial assets prior to drafting and signing of the contact.
Having a separation agreement will help ease your financial issues as a couple and may even make the separation less emotionally and financially painful on both parties. The contract will ensure that you have a fair share of all your financial investments. It will also ensure that your rights as a parent to your children are protected, enforced and not taken advantage of.
Rauseolaw’s extensive experience in drafting, enforcing and even challenging separation agreements will help ensure that you receive fair and reasonable share in your finances and parental rights. The agreement will help you and your spouse come in mutual meeting grounds and make the separation less combative and more civil and probably, even more friendly.
If you require a separation agreement or would like to know more about it and how this can beneficial for you, schedule an appointment with our lawyers at Rauseolaw now.