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Separation Agreements

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Domestic violence is the leading cause of injury to women between ages 15 and 44 in the United States - more than car accidents, muggings, and rapes combined. (Uniform Crime Reports, Federal Bureau of Investigation)

Family Law - Marital Separation Agreements

A separation agreement is a formal agreement between you and your spouse. It provides for support and other financial conditions until the divorce is final. A separation agreement does not terminate the contract of marriage nor does it free the parties to remarry. A separation agreement should provide for the following:

  • Visitation
  • Child Support Payments
  • Spousal Maintenance
  • Property Division
  • Division of Debts
  • Health Insurance
  • Disposition of the Marital Home
  • Pension Plans
  • Tax Issues
  • Future Dispute Settlement

Without a court order your agreement is not binding. As with all other aspects of a divorce the more decisions made out of court the better off you are. It is so important to have a concise separation agreement.

Revoking a Settlement Agreement

The separation agreement can be revoked by a second agreement in writing or simply by the parties living together again as husband and wife. Living together does not automatically revoke the agreement; it is only evidence of an intention to revoke it.

Enforcing a Settlement Agreement

If one party violates a settlement agreement, the other may bring a lawsuit for violation of the agreement, alleging a breach of contract. To ensure enforceability in the family courts, however, the parties should have the separation agreement incorporated, but not merged, into the divorce judgment.

It is highly recommended to consult with a qualified family law specialist to translate your needs and desires into a binding contract that is enforceable. Why trust an inexperienced attorney with your legal needs?

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