Separation Agreements

A separation agreement is a practical tool to obtain when unsure as to the future of a marriage or to prepare for divorce. The agreement divides any property and debts accumulated during the marriage and may contain provisions regarding child custody, spousal and child support, and visitation as well as interim benefits.  They can restrict access to joint checking, savings and credit card accounts as well as protect clients from their spouses’ debts incurred prior to a finalized divorce. Notably, real and personal property that is accrued by one spouse during this time may be in danger of ending up as part of the marital estate, and it is thus critical to have a team available to identify and analyze all current and possible resources and circumstances.

Separation agreements are advantageous to ensure a client’s financial and personal stability by avoiding costly and protracted trials and uncertainties. Often they provide a much calmer manner to lay the ground-work to negotiate an unimpeded divorce and often keep the courts out of the decision-making process, of particular importance for clients who are still interested in ultimate reconciliation.

Because there are a number of formalities that must be properly addressed as well as ultimate court approval, a separation agreement must be drafted by an experienced firm. We ensure that all personal and financial issues are addressed and fully analyzed understanding that the agreement may be included in a final divorce judgment.  These agreements require negotiation and cooperation, and it is important to work with an experienced team that understands how to maximize each client’s interests in the most non-adversarial manner possible to obtain consensus.

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