A separation agreement is a document in which separation couples define how their common heritage and common responsibilities are distributed among themselves. They can be used by married or unmarried couples and are often used in place of divorce proceedings. Separation agreements should be developed by a lawyer. Experienced lawyers at Haas Associates, P.A. can prepare a separation agreement or review an agreement developed by someone else. It is especially important to take legal advice from a lawyer when your separation causes problems, for example if one of you is much more prosperous than the other, or if your ex-partner is harassed or intimidating and puts you under pressure to sign an agreement. Not everyone needs it, but they can be especially helpful if you are considering divorce, or you have children and finances to share. A separation agreement can be as formal or informal as you like, but it`s a good idea to have a written record of the things you`ve agreed on. Separation agreements can also speed up divorce proceedings, if you have already adopted these rules in advance – saving your trial costs. If you are on the right track with your ex, an informal or unwritten agreement may work well for you. The document itself, drafted and signed by both parties when they agree, is often referred to as an act of separation and is a legally binding written contract. The main issues dealt with in a separation agreement are: If you do not have a lawyer and if the separation agreement was drawn up by your spouse, your spouse`s lawyer or even by a mediator or lawyer/mediator hired by both spouses, you should always submit a draft of your separation contract to an independent lawyer for checking before signing it. As soon as you and your spouse sign and have the notarized agreement certified, it is binding.
Unless the terms of the agreement are unacceptable or the agreement itself is due to fraud, coercion or coercion, courts tend to accept the terms in written form. Trying to overturn a separation agreement is difficult, but not impossible.
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