What is a Separation Agreement?
When a couple decides to live apart for a period of time, they may decide to get a separation agreement. This separation agreement is usually put in place during the period of time between when the couple separates until the divorce. A separation agreement can include information about child custody, child support, spousal support, or even who is liable to continue payment on which debts. Both spouses are legally bound by a separation agreement.
Does My Spouse Have to Agree to the Separation Agreement?
In short, yes. In order for a separation agreement to be valid, both spouses must agree to their terms. A separation agreement memorializes all the terms of the separation and should be in writing. The parties can negotiate the terms of the agreement until it is satisfactory for both spouses. Once the parties agree to the terms of the agreement, it may be executed and notarized.
Is a Separation Agreement Necessary?
Separation agreements usually are not legally required. However, if you and your spouse live apart, it may be a good idea to have a separation agreement. Since each marriage is unique and some marital issues more complex than others, a separation agreement can outline all the pertinent issues and help the couple avoid confusion. A separation agreement may be as narrowly or broadly tailored as the couple likes, too. If there are any marital issues the spouses wish to keep out of the separation agreement they can do so. However, having a solid separation agreement in place can help protect your respective interests and rights in the marriage. An experienced divorce attorney can answer any questions you may have about a separation agreement.
If you need assistance in creating a separation agreement in New Jersey, contact our firm today.
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