An Important Step Before Divorce: Separation Agreements | Divorce

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Divorce is a complicated process which brings with it feelings that are even more complicated in nature. Not many people are even sure if they want a divorce eventually or not. A majority of such people opt for separation agreements so that even if they have to initiate a divorce process, the technicalities of the process and the post-divorce arrangements are clearly understood.

What is a Separation Agreement?

A separation agreement is a written agreement between a married couple who intends to divorce each other at some point in the future. Divorce is not just about ending a marriage and staying separately from your married partner; it involves complex issues such as division of marital property, settling of finances, and custody of the children.

If you do not have marital assets, property, joint debts, or children, you would probably not need a separation agreement. However, since most of the couples buy joint marital assets and have joint debts, it is imperative for them to have a separation agreement before they divorce.

Since divorce is such a bitter time for most of the couples, people find it very hard to trust each other before and during the divorce process. For that reason, couples opt for a written separation agreement that spells out all the details clearly rather than relying on verbal promises that may or may not be fulfilled at a later date. A separation agreement aims to sort out issues related to financial settlement, property division, and arrangements pertaining to your child’s custody. Therefore, a separation agreement should ideally include the following points:

The decision to stay separately from one another

Not to disturb, molest, or harm the other partner in any way

Issues relating to spousal financial support. If the agreement states any agreement to not apply in the court for financial support in the future, the clause will not be considered legal. Usually, most financial agreements state that the spousal support will stop if the partner getting the support starts staying with another partner.

Issues related to child support. Child support payment should be made on a regular basis for children that a couple has from their marriage. If there is any clause that states that there is an agreement to not apply to the Child Support Agency or the court in future for child support payment, the clause will not be considered legal.

Issues pertaining to child custody. Living arrangement of the children after separation and the visitation rights of the non-custodial parent.

Why Do People Opt for Separation Agreements?

Increasingly, people are opting for separation agreements. Separation agreements allow the divorcing couple to have a clear idea about what they have agreed upon since everything is documented in written form. Verbal agreements are bound to lead to confusions and misunderstandings. Therefore, couples find it easier to formulate separation agreements that they are sure of.

There are times when couples want to divorce but are not completely sure. Such couples opt for separation agreements so that if they have to divorce, they need not worry much about the nitty-gritty. However, if they do not want to divorce, they do not have to. Since separation agreements are reversible, it is easy for the couples to stay married if they change their minds somewhere during the separation process.

Some people are also opting for separation agreements because of the emotional and financial cost associated with divorce. Formal divorce procedure with the lawyers and court proceedings is likely to turn into a legal war, which can lead to immense emotional turmoil. However, when couples sit down and talk about the terms and conditions of their separation on their own, they tend to sort out their differences in a far more amicable manner.

Separation agreements can be formulated in as less as £47. However, hiring a high-street attorney itself is likely to cost you an upward of £700 and this will not include the overhead expenses of divorce. Therefore, when people cannot afford an expensive divorce procedure, they opt for separation agreements.

Benefits of Separation Agreements

People who opt for separation agreement cannot remarry. A lot of troubles creep in when one or both the partners remarry after divorce. This bitterness can be completely avoided when people opt for separation agreements because both the partners are sure that there is no “other person” in the marriage.

Cost saving resulting from opting for separation arrangement can be huge.

Since separation agreements are written with mutual understanding, the couple is able to part ways in a much more amicable manner.

About the Author

James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see http://www.quickie-divorce.com

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