Everyone hopes their marriage will last forever. But sometimes couples discover that time of separation from each other is what is needed most. In order to ensure that both parties are on the same page regarding what this means for finances, children, assets and other logistics. It is wise for the couple to come to an agreement and put it in writing.
A legal separation starts with an agreement between a married couple that species how the logistics of living separately will be handled. Once the couple agrees to all the terms of agreements, they simply file a motion with their local court with the agreement attached and ask that the judge enter the agreement as an “order of the court”. When the court approves it changes your status from separation to legal separation. If you are in the verge of separation, then a family attorney in Concord NC can protect you from any discrimination and seek your justice at the end.
In this article, we will discuss what constitutes a good separation agreement in great detail.
- Draft Plain and Simple Terms
This may seem like a no-brainer, but many divorcing couples worry about including formal legal terms in their separating agreement. This is entirely unnecessary. If you and your spouse draft an agreement that divides all your assets and liabilities and then you both sign it. The agreement is legally binding. The important thing is that you, your spouse and anyone who reads the agreement can understand what it says.
It is very important to draft an agreement that makes logical sense. You want to ensure that each provision is clear and consistent and unambiguous. Vagur or contrary agreement provisions can cause confusion to avoid drafting the agreement. Your attorney for Divorce and Separation can help you to review the agreement before you sign it so that you can make a good deal.
- Draft an evolving agreement
Matters of property are straightforward and your agreement should clearly set forth who gets what. Once you and your spouse sign the agreement, it is binding and cannot be changed later But if you have children, your agreement should be written to consider their growth and changing needs. Custody and Visitation will likely to change as your children grow up. Your agreement should account for this.
While it is definitely possible to draft your settlement agreement, it is always recommended to have a qualified law attorney who will review your agreement before you sign it. Your attorney can make sure all your bases are covered and can seek to protect you from any liabilities that may stem from a poorly-drafted agreement. Check out here to learn what question you should ask from your lawyer before hiring them.