How to Create a Separation Agreement!

If you have come to the end of your patients with each other and separation is no longer avoidable, it is time to secure each individual party up. We each want to believe that we are mature adults who can handle ticklish situations like this in a decent manner, but the reality is that more often then not separations and divorced turn ugly. If you still wish to have a chance at working it out in the long run, you may wish to go the separation route, or if you are unable to wait for the divorce to be finalized, this is where the Separation Agreement comes in.

What is a separation agreement?
A separation agreement is a legal documentation of division of assets, property, agreement of support etc., without filing a legal Separation. It divides debts, provides custody agreements, child support and visitation rights in case of minor children.

Who should use a separation Agreement?
This agreement is ideal for a couple no longer living together, but is for whatever reason not ready file for a divorce or legal separation. It helps those that can not afford to wait until the divorce is finalized to divide the above mentioned items or want a form of security from each other.

What should you be aware of?
A Separation Agreement or Pendente Lite Order as it is called at times is only legally binding if you have it in the form of a court order. If you and your spouse can agree on the terms, it isn't necessary to involve a lawyer to write it up for you. The less legal fees you encore, the easier it is on both of you.

What should the Agreement entail?
If you have children together, this agreement must cover who has primary custody of the children or if you have equally joint custody. Who must pay who child support and how much. Make sure to set the dates the payment is to be made and in what form as well. Visitation rights have to be outlined.

Who is responsible to pay for the joint bills and if you both are who will have which or what percentage of the amount.