Writing A Separation Agreement That You And Your Estranged Spouse Can Live With

While most people don't want to drag a divorce out, making hasty decisions for the sake of getting it all over with is ill advised. In addition to signing a mutually beneficial separation agreement, your main priority should be to cover all of your bases. Whether your concerns include finances, shared assets or child custody, make sure that your separation includes every provision you believe will be at the center of future disagreements.

Household Maintenance, Spousal And Child Support

If you and your spouse are soon to officially file for temporary separation, you will want to has out what both of your financial responsibilities will be in the interim. For instance, if you agree to move out of the marital home, your spouse could be under the impression that you will continue to evenly split the household bills. Signing a separation agreement that covers your financial responsibilities as they relate to household bills as well as other costs like child care and private tuition can save you from having to deplete your savings account, or being accused of abandonment.

Marital Property Rights And Usage

At the end of your marriage, you will decide on how to split up your property, such as your co-owned vacation homes, vehicles, rental properties and even timeshares. While you are separated, you might be under the impression that you are still free to use your marital property as you see fit. Although you may legally be entitled to use and enjoy the physical property and vehicles that you and your spouse co-own, doing so without a separation agreement can lead to major fights. Determine what pieces of property you will be able to use exclusively as well as which properties might be able to be shared until you reach a divorce settlement.

Child Custody And Visitation

Few divorcing couples can agree to and stick to a voluntary child custody and visitation agreement, even if their hearts are in the right place. To prevent your disagreements from getting in the way of your ability to parent effectively, think about including a clause about child custody and visitation in your separation agreement. Not only will this help to keep your children from being in the middle of your marital woes, it can also be beneficial when you head to court to negotiate your final child custody order. Consider the fact that children need to spend time with both of their biological parents before you working out a temporary parenting schedule.


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