Posted by DivorceLine in When a choice is made to separate, most couples have some notion about the length of time they will be living apart. In some instances it is just temporary, or a “trial separation”, with a specified end date. But in most instances, separation is just an interim period that is leading to divorce. If you and your spouse are living apart for an extended period of time and a divorce is on the horizon, a separation marital agreement is extremely recommended.
The notion behind this is twofold. Marital separation agreements formalize all financial and property problems between the parties just before they start living separate lives; and, it makes it possible for them to prepare for the additional permanent marital settlement agreement that will ultimately replace the separation marital agreement at the time of divorce.
Most couples do not see eye to eye on every single problem relating to the dissolution of their marriage. Even if finances are quickly separated, there may perhaps be problems related to child help, custody, or pensions that are harder to resolve. When this occurs, mediation is a far more civilized way to reach an agreement.
By sitting down with a mediator, a couple can make a additional individualized separation marital agreement than what would come from a judge’s ruling. Plus, mediation enables couples the capacity to customize an agreement to meet the requirements of their family.
What is nice about having a separation marital agreement in place is how significantly it simplifies the divorce procedure later on. Even though some things could require to be added or amended at the time of a divorce settlement, marital separation agreements pave the way for a fair settlement and permit for much better communication and conflict resolution in the future.
Most attorneys recommend some form of separation marital agreement, even if you are unsure about regardless of whether you will end the marriage. A family lawyer can assist you draft a document that will be in place throughout your separation, and protect your assets and interests until the divorce papers are signed.
