Separation Agreement - The alternative to a Divorce   by Jamie Wallis

A separation agreement is the agreed terms in a binding contract between couples whose relationship has broken down. Mainly it should cover arrangements for children and financial settlement terms. One should use a divorce lawyer, or online Separation Agreement drafting service, to draft the terms and conditions. As it is a final settlement, appropriate and accurate wording becomes important. Both the husband and the wife should sign it, as it is the absolute legal declaration of the beginning of the end of the marriage.

The separation agreement enduringly resolves child custody, alimony and property distribution. It is the controlling document, which persons deal with, converse and sometimes argue over for years after the marriage break down. Most of the agreements are worked out as part of a divorce that is pending in Probate and Family Court, and are filed with the court and approved by a judge. People get a Separation Agreement because it usually becomes part of the Probate and Family Court's judgment, and can be enforced in this court. If you complete a separation agreement and do not file it with the Probate and Family Court, it is nothing more than a contract between you and your spouse. It is often difficult to enforce this type of contract.

A separation agreement is not a divorce. A judicial severance is merely an order of court, which dissolves the obligations or benefits brought on by a marriage. The difference between a separation agreement and divorce is that it is one of the means to getting a divorce. The agreement paves the way for more interaction between both the parties, which makes for an easier divorce. It also provides the children with time to adjust to the new arrangements without any anger from any of the parents.

The written separation agreement between wife and husband deals with how the matters relating to their marriage should be resolved. The agreement should address things such as: custody, visitation, child support, property division (including alimony and pensions), what will happen to the marital home, including who will own the real estate and who will live in the marital home, tax consequences, division of debts, change of name and protective orders.

A separation agreement is only worthwhile if both spouses agree to it and sign it. The agreement can also be made part of the divorce judgment. At the time of the divorce hearing, the judge can refuse to accept a separation agreement if any one of the parties believes it is unfair or the product of coercion or threat. It allows the couples who are separating or divorcing to keep away from a great deal of hostility by reaching agreement about their responsibilities to each other and to their children rather than going to court.

The parties should have a frank discussion with each other and the outcome of it would often be a voluntary agreement, which can be subsequently made into a formal Deed of Separation, or separation agreement, thus allowing the couple to lead independent lives. If there is no particular ground for divorce or there is no immediate wish to divorce, then a separation agreement would be useful. The Separation Agreement will usually allow either spouse to file for divorce after 2 years, so it will affect the speed and efficiency of the divorce.

The Court always has authority to overturn any agreement if it thinks fit in the circumstances of a divorce case, but this is quite rare unless either party's state of affairs have changed significantly. Therefore, a separation agreement is a very worthwhile investment for couples considering divorce or trial separation.

About the Author

Jamie Wallis is a full time writer and copy editor.

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