If you and your spouse decide to live separately and separately, but they do not wish to divorce, you can enter into a separation contract. A separation agreement is a written agreement that you and your spouse voluntarily sign without including the court. Often, a separation agreement can allow you and your spouse the time you need while you try to repair a marriage that may disintegrate. A separation agreement gives you the opportunity to solve problems, slowly and over time, without the pressure of a divorce action over your head. Once a divorce action has been initiated and included in the court calendar, you and your spouse must attend court conferences and meet certain deadlines. This pressure will be avoided if you sign a separation agreement. If you and your partner generally agree on what you want to do, if you separate, you can divide what you have agreed into a separation agreement. A separation agreement is a written contract that you and your partner enter into and that will tell you how you deal with your problems. There is also a kit called Separation Agreement by Self-Counsel Press. It allows you to write a separation agreement. You can pay to download it as an e-book or order a paper copy from the publisher`s website. You`ll also see it in a lot of bookstores.
(Make sure this is the current edition. Starting in January 2019, this is the fourth edition.) It contains examples of separation agreements and empty forms that you can use, including a few that you can fill out on a computer. A separation agreement may also mean that some parties are merged into the divorce judgment, but other parties survive the divorce decision. However, it is common practice that the entire separation agreement is not merged into the divorce judgment, but has survived the divorce decision and can therefore be applied separately. A separation agreement is a document used by two persons in a marriage to distribute their assets and responsibilities in preparation for separation or divorce. Is the deal unfair? For example, did a spouse disclose financial information (neither intentionally nor by chance) or did he exploit the other spouse in one way or another? Or didn`t a spouse understand what he signed? Warning: your separation contract only commits you and your partner. Your creditors are not parties to the separation agreement and will always come to pay after one or both of them as long as you remain married. You don`t need to take legal advice if you write a separation agreement, but it`s a very good idea to do so. If you don`t really know what your priorities are, you won`t know what to ask for – and what you`re fighting for if necessary – and what you can live for. “I want everything!” is not helpful to you or your lawyer.
Use this worksheet to identify your priorities before starting serious negotiations and share this information with your lawyer.