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Know What Is A Separation Agreement Between Husband And Wife

A separation agreement is legally binding, and those in marital relationships draw it. This agreement is used by both parties to formally divide their debts and assets and any other marital responsibilities they have. This allows every party to get a fair separation. Often, a separation agreement is drafted when a couple knows they may be heading for a divorce. However, it may also be used by couples who only want to go their separate ways for a while to reconcile.

A divorce lawyer can help with the drafting of this legal document. Items such as division of property, alimony, visitation, and child support can be included. The lawyer submits this agreement after it is completed to the court before the proceedings for divorce starts. It acts as a part of the divorce decree given by the judge. 

Separation agreements are legal documents. As such, both parties ought to consider their positioning and work hard to ensure that the agreement is completed to avoid questions and issues regarding what is fair and the plans as to how things will work while they are separated. 

 Divorce and separation

Some view divorce and separation as the same thing. However, the two are entirely different. Separation can be the first step toward getting a divorce, but it is not a divorce. In a court of law, it is also treated as a different thing. Divorce mediation lawyers can assist with clarification and a deeper understanding of the two. 

One thing to note about a separation agreement is that it is legally hiding, but you don’t need to visit the court to make it final. A judge must not be involved in ruling over or enforcing separation. 

In a separation, a couple is still married legally, but they withhold from engaging in any marital relations. It is common for a couple to remain legally married but choose to remain separated. 

For divorce, the couple has to go Infront of a judge to make the divorce decree final. Once granted, the couple is not married anymore. They cease to be husband and wife. 

Why consider a separation agreement

There are many reasons you can seek a lawyer’s services for a separation agreement. In certain circumstances, some prefer female divorce lawyers, but it is a matter of preference. A good lawyer should be qualified and experienced in the field so that they can offer you the best representation. Some reasons for a separation agreement:

  • Couples who want to remain married but want to separate, nonetheless. This is common among people who are unsure about the best steps to take. They may be willing to wait it out and see what the future holds as they work on differences. 
  • A couple that has decided to divorce. Divorce lawyers can be used here to draft a separation agreement once the couple has decided they want a divorce. This allows the division of assets, properties, liabilities, debts, and all other responsibilities, including children. The separation in such a case will be merged with the proceeding of divorce and form part of the final judgment. 
  • A couple that wants to stay married but lives separately. There could be many reasons for this. In such a case, a separation agreement is the best way to divide all responsibilities.

Separation agreements come with some benefits. First, it makes things more flexible as the court tries to decide how divorce ought to go, especially because the spouses already agree on the conditions. 

With a separation agreement, it will cost less and take less time. When a couple can agree on some items, time is taken in court for divorce proceedings, and litigation is kept down, which means less time. You also get privacy because you don’t have to file the agreement independently. 

Separation Agreement solicitors may be involved in such separation cases if one of the parties involved has a personal injury claim because it can affect the financial settlement.

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