What is a Separation Agreement?
A separation agreement is an agreement between spouses that covers the period of time between the time the couples separate until the divorce. Both spouses are legally bound by a separation agreement.
What is Included in a Separation Agreement?
A separation agreement may include a number of different marital issues. It can outline the terms of the separation, alimony, how assets may be allocated, and it may also include how debts should be divided. If there was a child (or children) born from the marriage, the care and custody may also be outlined in the separation agreement. The contract may outline child custody arrangements, such as who the child may live with and visitation, as well as identify any child support obligation.
Do Both Parties have to Agree to the Separation Agreement?
In short, yes. In order for a separation agreement to be valid, both spouses must agree to their terms. A separation agreement should also be in writing in order to memorialize all the terms of the separation. If both parties agree to the agreement, they can sign the agreement and have it notarized.
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Do I Need a Separation Agreement?
If you are living separately from your spouse, it may be a good idea to have a separation agreement. Each separation agreement is unique to the spouses and their marriage and can be as broadly or narrowly tailored as you like. Sometimes there are issues that a spouse may or may not want to include in the agreement, and that is OK, but it should not deter you from getting an agreement in place to protect your interest in the marriage. An experienced divorce attorney can help you create a list of issues that should be addressed in your separation agreement
If you need assistance in creating a separation agreement in New Jersey, contact our firm today.
Ross and Calandrillo, LLC is a full-service divorce and family law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.