When couples decide to separate, it may be in their best interest to consider a separation agreement. Separation agreements are a great tool for couples who have unique circumstances they would rather work out on their own without interference from the courts.
A separation agreement is a binding contract between the parties that usually includes:
- Post-Separation Support
- Property Division
- Marital debt division
- Child custody and child support (if you have children)
A separation agreement is not binding unless both parties have signed and their signatures are notarized. If the agreement is filed with and incorporated into a divorce judgment, contempt powers can be used to enforce the agreement. Otherwise, the agreement can be enforced under contract law.
Separation agreements are generally much cheaper and faster versus going through the court and can keep your matters private. It is important that you speak with an experienced attorney when considering a separation agreement. Regardless of your situation, you should have your own attorney draft or review your separation agreement to ensure your best interests are protected in the agreement. For more, read Do I Need an Attorney For a Separation Agreement?
If considering a separation agreement, we recommend you call one of our experienced attorneys at Plyler, Long & Corigliano, LLP. Contact us at 704-289-2519 today.