Couples often think they must appear before a judge to litigate matters such as property distribution and alimony before they can legally separate. However, that is not always necessary. Spouses in Hartford are permitted to resolve their marital disputes by entering into a legal separation agreement, which is then submitted to the court for a judge to approve and make a binding order.
A separation agreement is a legal contract that details how you and your spouse will handle certain marital finances and parental issues during your time apart. A Hartford separation agreements lawyer can advise you on what provisions should be included in the document and help you draft a contract. If your spouse fails to comply with the agreement, a skilled family lawyer can also help you enforce the terms of the contract.
A separation agreement should address all relevant marital issues. Drafting a comprehensive contract can mitigate disputes during the separation period. The following matters could be included in the document:
Because a separation agreement is incorporated into a binding court order, it is beneficial to consult with an experienced attorney in the area before signing the document.
Couples should not depend on verbal commitments when making plans to legally separate. A written contract that outlines the terms of the separation can clarify each spouse’s rights and responsibilities during their marital break. A properly drafted separation agreement can also safeguard each party’s assets if one person decides to bring a claim against the other for additional spousal support or property.
If spouses decide to proceed with a divorce, the court can incorporate the legal separation agreement into a final divorce decree, simplifying the marital dissolution process. By working with a qualified lawyer in Hartford, spouses can ensure their separation agreement will be enforceable under state law.
When executing a legally enforceable separation agreement, each party must voluntarily enter the contract without any undue pressure from the other. Furthermore, each person should retain their own attorney or expressly waive the right to legal counsel. If one spouse violates the agreement’s terms, the other spouse may file for contempt in family court. A judge may order the offending party to comply with the agreement and pay the other person’s legal fees for filing the contempt petition. An attorney well-versed in family law can represent spouses in litigation procedures regarding a breached separation agreement.
While you are permitted to draft your own separation agreement, it would be in your best interest to hire an attorney familiar with these types of cases. If your contract does not address all your marital issues, it may lead to future disputes or be rejected by the court.
A skilled legal advocate can help you draft a binding contract, file it with the court, and enforce it. Contact a Hartford separation agreements lawyer today to discuss your case.