Guest post by Brandon Bernstein
A separation agreement is a legally-binding contract between two spouses which dictates an array of chiefly financial terms and obligations when a couple agrees to live separately. This most commonly precedes a divorce, but that’s not always the case, either. While a separation agreement is never a legal requirement for obtaining a divorce, in some states and countries, a separation period is required before a divorce may become finalized. Separation agreements therefore are quite useful for transitioning smoothly from the separation to the divorce, and also for handling key issues upfront.
What Is Covered?
Separation agreements may actually encompass much more that most people believe. This includes child custody and support, spousal support including alimony, property division, debts, and a variety of other financial issues as well. This makes them much more all-encompassing than prenuptial agreements which are signed prior to a marriage, and also means that they can potentially cover each issue and point that a final divorce will.
Must Be In Writing
You and your spouse may have made verbal agreements or handshake style deals on certain points, whether it was over the course of your relationship, or as it came to a close. However, such agreements don’t hold up, and more often than not, one of the two parties will go back on their side of the deal. Don’t assume that anything you’ve talked about with your STBX is guaranteed, and don’t assume you’ll get a “fair” shake because the two of you had a verbal deal. You need to have a written agreement, voluntarily signed by both parties, in order for it to be binding and enforceable.
Get Legal Advice
Some couples believe they can just write up a quick document and call it a separation agreement, and they’re all set. However, this isn’t a wise approach. For one thing, you may not include each and every point that needs to be covered. Additionally, the language you use could potentially and unknowingly open up the doors for loopholes and outs. It’s always best to have an attorney draft up the agreement, and for each side to have legal representation to help go over the details.
Understand Your Local Process
Different countries have different regulations, and even different states and local regions do as well. For instance, throughout the United States, the length of time and specific requirements of a separation proceeding a divorce are not consistent. Therefore, it’s crucial that you’re aware of the regulations and legal requirements in your state before taking any action or making any assumptions.
Preferred But Not Mandatory
By and large, separation agreements are not mandatory requirements, even when separation periods are legally required in no-fault divorces. That said, even though they’re not mandatory, many people still find them to be a preferred arrangement. They can help to reduce the stress, hassle and emotional drain of a divorce by finalizing issues early on in the process, and taking them out of the hands of a judge and courtroom.
Ending a marriage amicably may always be taxing, however, the path of least resistance in most cases is to have an out of courtroom agreement in place. A separation agreement accomplishes this from the outset, helping each person to move on with his or her life.
Brandon A. Bernstein is an experienced divorce lawyer in Maryland. He helps clients with all family law issues, including divorce, prenuptial and separation agreements, child support and custody, and more. Mr. Bernstein was named to the 2014 Super Lawyers Rising Stars list in Maryland. His practice, the Law Offices of Brandon Bernstein, can be visited online at BrandonBernsteinLaw.com.