Frequently Asked Questions About Separation Agreements
What are Separation Agreements?
Separation agreements are contracts that two people who have been in a relationship create to outline how you will
address the issues between you.
Separation agreements can include property divisions, the timeline for a Divorce, child custody arrangements, and communication preferences, among many other terms.
Do I Need a Separation Agreement?
While a separation agreement is not legally required, there are many benefits to taking the time to write out what you are agreeing to when separating and have both partners sign it.
What are the benefits of a Separation Agreement?
A separation agreement can:
Make the separation process faster and cheaper because the agreement is made before attending Court.
Make the already emotional process of separation less stressful because everything is in writing and both parties agree to it.
Take your knowledge of what will work best for your family into account and lets you and your partner make decisions instead of leaving it up to the Court.
Be easily shared with people involved in your child(ren)'s care or other individuals who may benefit from the information. For example, child care, school, child/spousal support offices, or anyone required to perform legal duties on your behalf.
Provide proof of what was agreed on, which can lead to fewer disagreements later.
Why Should I Get a Lawyer to Help with My Separation Agreement?
The process of separation can bring up many hurt feelings and emotions that aren't expected. Having someone who is familiar with the process can help. Additionally, Family Law professionals will likely be able to suggest items to include in your agreement that you have not previously thought of or didn't think would be important.
Furthermore, having an experienced person on your team ensures that you access the correct Court (not all Courts see the same cases) and the process can be as smooth as possible.
Who Should Not Get a Separation Agreement?
In some circumstances, a separation agreement may not be your best option. Some cases require a different approach. Separation agreements may not be right for you if:
You have a history of partner abuse with this partner
Serious addiction issues or mental health concerns are present
You are afraid to speak to this partner, even with assistance
You and your partner have serious difficulty working together or coming to agreements, even with additional help
It's a good idea to consult with a Family Lawyer to determine if a separation agreement is best for your situation.
Contact us today to book a free consultation with Vamos Law to discuss if a separation agreement is right for you.