Do You Need a Separation Agreement?

Separation Agreements

While not required to be legally separated, a separation agreement can be a very helpful way to resolve the legal issues surrounding the end of a marriage. It is a private contract between separated spouses or parties who are planning to separate in the near future. Anything from alimony terms, details of the separation, child custody, and property division can be included in the agreement. Making and including these decisions in a separation agreement leaves the decision in the hands of the parties rather than the court. An added plus is that it’s faster, cheaper, and often less stressful than litigation.

Generally, attorneys will negotiate and prepare the document, tailoring it specifically to the wants and needs of the parties. Once the written, not verbal, agreement is completed, it must be signed and notarized. Unlike in many other states, a judge doesn’t even have to approve the agreement at the time the divorce is finalized.

You Can Make It a Court Order

Additionally, the parties can agree to incorporate it into the divorce decree. This results in the agreement becoming part of a court order, meaning it is no longer treated and enforced like a contract.

Or Not a Court Order

If the agreement is not incorporated, it can be enforced in the same way as any other contract. A party can sue for breach and seek money damages. On the other hand, a party can also sue for specific performance which could result in the court ordering the other party to comply with what the agreement requires.  There are advantages and disadvantages to incorporation of a Separation Agreement into a divorce judgment thereby making it a Court Order.  This is something you should discuss with your attorney.

Contact Us

See this article for more information about separation agreements.  If you’re considering separation and ultimately divorce, it may be in your best interest to contact an attorney about a separation agreement.  Rice Law has experience drafting and negotiating settlement agreements. Call us for help.

Contributed by Sydney Reynolds, Legal Intern