When a married couple decides they want to live apart, they must draft a separation agreement. These contracts can be temporary, and the parties may dissolve them if they decide to rehabilitate their marriage. Separation agreements can also be used as a precursor to filing for divorce.
With family law matters, it is beneficial for both spouses to seek legal representation. If you and your spouse are considering legal separation, seek the services of a Rochester separation agreements lawyer at Kohlmeyer Hagen Law Office, Chtd. Our marital agreements attorneys can protect your interests and create legally binding agreements.
A separation agreement is simply a contract between a married couple that governs how the couple’s lives will look during legal separation. Some married couples find separation agreements useful because they help each spouse establish a life outside of the marriage.
Like any other contract, certain legal requirements must be met to ensure the contract is legally valid. Before signing or executing any separation agreements, hire a Rochester attorney to thoroughly review the contract to ensure the terms are clear and reasonable.
A contract or separation agreement does not have to be a lengthy, formal document. A separation agreement can simply be a written or verbal expression of the couple’s wishes for their finances, children, and property during the separation.
While being married is an expression of love and commitment, marriage functions like a business agreement in the eyes of the law. The married couple is entitled to certain rights. When a couple in Rochester gets separated, a separation agreements attorney can help determine how those rights will be handled.
A separation agreement is a formal tool lawyers use to address these rights. As a married couple, your rights can include:
Some separation agreements can be used to support a petition for a decree of legal separation. This decree occurs when a judge orders the parties to be legally separated instead of an out-of-court agreement between the married couple. Couples who cannot civilly establish the terms of their separation may choose this option.
Separation agreements are also beneficial if the couple ultimately pursues divorce. Divorce proceedings typically involve filing a divorce petition and a discovery phase to settle issues such as disputed community property. Separation agreements can minimize negotiations between the parties
The creation and execution of a separation agreement may also demonstrate an irretrievable breakdown of the marriage. According to state law, a no-fault divorce can be granted when there has been an irretrievable breakdown of the marriage. Depending on how the married couple navigates the legal separation, proof of the breakdown may be required to dissolve the marriage.
Additionally, a separation agreement can address specific marital responsibilities and obligations, such as the care of children.
If a married couple has minor children at the time of their separation, the separation agreement should address child custody and possibly child support. Some married couples choose to keep their children in the marital home while the parents rotate in and out on a predetermined schedule. A separation agreement can be used to create that schedule.
When it comes to finances, the contents of a separation agreement can take many forms. The agreement can discuss spousal support, healthcare and retirement benefits, and the division of community property.
A separation agreements lawyer can review your case to determine what clauses should be included in your separation agreement in Rochester.
There are many reasons why a married couple may seek a separation agreement, including defining financial responsibilities and establishing child custody arrangements. Explore your options with a Rochester separation agreements lawyer.
Reach out to Kohlmeyer Hagen Law Office, Chtd. today for more information.
