If you are considering separating from your spouse, you may wish to execute a separation agreement. This legally binding contract defines each spouse’s rights and responsibilities during their time apart. A separation agreement is not a court order, but as a contract, either party may take legal action in the event of a breach.
Drafting a comprehensive separation agreement can be challenging, especially if you are unsure what types of provisions to include. It is always best to seek help from a seasoned family law attorney before executing a legal agreement. A Connecticut separation agreements lawyer can help you prepare a contract that adequately addresses your needs.
There are several benefits associated with legal separation. The process provides couples with time to work on marital problems without formally divorcing. Additionally, couples may be able to stay on each other’s health insurance plans during their time apart.
If the parties have shared children, legal separation is often a much less jarring experience. A dedicated lawyer in Connecticut can help families determine whether legally separating is the right choice for them.
A separation agreement can address several issues that two parties might discuss in a divorce settlement. Standard provisions may address matters such as:
It is important to note that any provisions regarding shared children are subject to court review. A skilled separation agreements lawyer can inform individuals of the types of terms that can be included and negotiate on behalf of one party.
When two parties have a separation agreement in place, it can mitigate conflict regarding property, debts, alimony, or shared children. Additionally, this contract can be incorporated into a divorce order should the couple decide to dissolve their marriage completely. This can significantly decrease the time spent in divorce proceedings.
Working with a separation attorney is always helpful when drafting an agreement. A legal professional can ensure the contract is lawful and suits each party’s needs. An attorney can also review an existing separation agreement to ensure it is reasonable.
Both parties must enter into a separation agreement voluntarily, meaning neither person can force or coerce the other into signing. Assuming the contract is valid, both parties have legal recourse if the other person breaks the terms of the agreement.
As noted above, a separation agreement is not a court order. The court cannot force a party to comply with the terms using its contempt powers. To seek compliance, an individual must file a lawsuit against their spouse in a breach of contract action. A dedicated attorney can inform spouses of their legal options after a breach in the separation agreement.
If you wish to draft a separation agreement, it is critical to seek legal help. A Connecticut separations agreement lawyer can ensure your contract addresses all your needs. Additionally, a skilled separation lawyer can review your agreement to ensure it adheres to state law. Contact our firm today to schedule a consultation and discuss the process of creating and negotiating a separation agreement.
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