Sometimes in a relationship, things simply don’t work out. Whether one individual commits adultery, the pair is fighting constantly, or the relationship is simply not working anymore, a couple generally has two options: get divorced or stay together. However, the pair may want to see what living apart is like without committing to filing for divorce. This is where separation comes into play. A separation agreement allows a couple to live apart from one another without officially starting the process of divorce. For more information, read on and speak with a Union County legal separation attorney.
What is a Marital Separation Agreement?
A separation agreement, sometimes called a marital separation agreement, is a written document that outlines the terms and conditions of a couple’s separation. A married couple will agree to these terms and sign the contract making it legally binding.
The terms cover a variety of topics relevant to the relationship and new living arrangements. Although New Jersey state law does not require separation agreements, they can be beneficial to some relationships.
What Are the Elements of a Separation Agreement?
The elements contained in a separation agreement can vary depending on the specific needs of the couple and the circumstances of their relationship. However, the following are the main topics addressed in this type of document.
- Division of property and debts: Which spouse is entitled to which properties/assets and which spouse is responsible for paying back debts
- Child custody: Which spouse will be the custodial parent and the visitation schedule that works best for the child and parents
- Child support: How much child support the noncustodial parent will pay the custodial parent
- Spousal support: If either spouse will be paid alimony, how much, and for how long
Why Are Separation Agreements Important?
Separation agreements offer many benefits for both parties. They can give the couple peace of mind and prevent misunderstandings later on. If a married couple decides to separate on their own and make a casual oral agreement about who gets what property, who is responsible for which financial obligations, etc. there is a good chance that disputes will arise down the line. One spouse may remember the agreement differently or decide that they no longer want to give up certain rights. With the use of a separation agreement, there is no question of the terms that the pair agreed to and the contract can be used to enforce them.
The agreement can also make the divorce process smoother if the couple does decide to file for divorce. The most complicated part of a divorce is often deciding how to divide property and debts, child custody, and alimony. If the parties established those topics in their separation agreement then the hard part is already done. The issues can be reevaluated but there is a basis to work with that can be incorporated into the divorce decree.
If you have additional questions or concerns regarding separation agreements, speak with a skilled lawyer from Ross & Calandrillo, LLC to discuss your situation.
