When two married individuals agree to legally separate, they can make use of temporary Separation Agreement to arrive at how their property, assets, debts and child custody are taken care of.
What is a separation agreement?
A Separation Agreement is a document that two marriage partners use to divide their assets and responsibilities when preparing for separation or divorce.
It includes child custody, child support, parental responsibilities, spousal support, property and debts, and other family and financial matters that are of crucial significance to the couple. It can be pre-arranged by the couple and submitted to the court prior to the divorce proceedings or can be determined by the judge presiding over the case.
Other names for marriage separation agreement:
Separation agreement is known various other names which include:
- Marital settlement agreement
- Marital separation agreement
- Marriage separation agreement
- Divorce agreement
- Legal separation Agreement
What to include in a temporary separation agreement:
A Marriage Separation Agreement includes a lot of things that are usually found in a Divorce Decree like the following:
- The use and possession of the marital home;
- How to take care of the expenses of the marital home including the rent, mortgage, utilities, maintenance, and so on.
- If legal separation is transformed into a Divorce decree who will be responsible for the expenditure of the marital home;
- How to divide the assets acquired during the marriage
- Terms of spousal support or alimony and the terms of child support, child custody and visitation rights of the other parent.
Signing the temporary separation agreement:
The two parties have to sign the Agreement in front of a notary public. Each spouse ought to have a copy of the signed agreement.
What makes temporary marriage Separation agreement legally enforceable?
The Legal Enforceability of a Marriage Separation Agreement varies from state to state. A good number of states recognize Legal Separation Agreements. But, Delaware, Florida, Georgia, Mississippi, Pennsylvania and Texas do not recognize legal separation.
However, even in these states, a separation agreement can still assist you to organize what you and your spouse agree upon regarding how assets and liabilities will be shared, how child support and support claims will be organized together with how property will be divided.
A number of states require that you file your Marriage Separation Agreement with the court for to approve it before it can be legally enforced.
When to use a separation agreement
Separation Agreements are commonly used in the following situations:
- A married couple wants to live separately but is not yet ready for divorce. They would like to continue their marriage, but for some reasons want to live apart temporarily.
- A married couple has decided to divorce and want to specify their assets, debts, properties, and their responsibilities for their kids instead of allowing the court to do so during divorce proceeding. They’d usually submit it to the court during the proceeding.
- When a married couple wants to live separate and apart permanently and still maintain their legal marriage relationship status.
- When a couple decide to separate and agree on how their property and asset would be shared.
- When couples are planning to divorce and would like to legally separate before the final divorce decision.
- When couples want to meet with an attorney about a legal separation and intend to get prepared ahead of time.
Marriage separation agreement vs Divorce:
- As soon as divorce is finalized by the court, the marriage is normally terminated when the court issues a divorce decree. However, a temporary legal temporary Separation Agreement, even when it is legally binding, does not terminate the marriage between the two parties.
- A legally binding Marriage Separation Agreement is not essentially faster or less costly than filing for a Divorce. You may need to get help from a family law attorney to know what your options are.
If you need more questions answered regarding your specific case, you may be able to get a family law attorney to answer all the questions you may have.