A Separation Agreement Is The First Step In The Divorce Process
If you are seeking a legal separation from your partner, our team at Tournour Law can help you draft a legal contract that outlines the terms of your separation, covering the time period from your separation until your divorce is finalized.
This document, typically drafted at the onset of divorce proceedings, is known as a separation agreement. Our East Brunswick attorney, Frank Tournour, can help you create such a contract, providing provisions regarding child custody, child support, alimony, the division of assets and more.
What Is A Separation Agreement?
A separation agreement is a written contract that is signed by both parties and notarized. It is the first step in the divorce process and details the terms of the legal separation. Typically, at the time of separation, the marital debts and property are frozen and separated for each spouse. Terms of the separation agreement may include any of the following, as they are applicable to the couple’s situation:
- Distribution of marital property and assets, including real and personal property
- Distribution of debts
- Child custody determinations and child support obligations
- Spousal support and alimony
- Handling of household expenses
- Medical bills and health insurance for each spouse and children
- Mortgage payments and property taxes
- Car payments
- Credit card payments
- Current or back taxes or tax refunds
Rather than a judge dictating the terms of your separation and divorce, you and your spouse are given the opportunity to choose the terms that will work best for both of you.
Drafting A Successful Separation Agreement
You do not have to involve the court, or even your attorneys, in the drafting of your separation agreement if you choose not to do so. Either spouse can draft the separation agreement, or you can work together to draft your separation agreement.
If you are struggling to create a fair agreement that both parties can agree upon, you may wish to enlist the help of a neutral party. In more complex cases, it is best for each party to have their attorney review the agreement to ensure that it is fair to both parties. A separation agreement may be voided, or “set aside,” if the assets are not equally and fairly distributed, if the agreement is unacceptable overall, or if one spouse was coerced into the agreement.
Working With An Experienced Attorney
Rather than attempting to draft such complex contracts on their own, we advise our clients to let us assist in the drafting of their separation agreements. Our attorney is experienced in separation agreements and the entire divorce process. We can help to ensure that your assets are fairly distributed from the beginning to avoid future conflict or complications.
Drafting a successful separation agreement can save you and your spouse time and money down the road by having the details of your separation laid out beforehand. Additionally, rather than a judge in a court dictating the terms of your separation and divorce, you and your spouse are given the opportunity to choose the terms that will work best for both of you.
Schedule Your Personal Consultation Today
If you and your spouse have decided on divorce, a separation agreement could be your first course of action. Email us today or call us at 732-913-3634 to schedule your personal consultation for assistance with the drafting of your separation agreement. We will help you draft a separation agreement with terms that are agreeable to both parties.