A separation agreement must be voluntary. Neither party may be forced or obliged to sign such an agreement. It is important to understand that a separation agreement is not a court decision and that the court will not compel your spouse to respect the agreement using the court`s contempt powers. To ensure compliance, you can sue your spouse for breach of contract if he violates the separation agreement. Talk to experienced family lawyers from Haas Associates, P.A. to guide you through the legal process of developing, verifying and negotiating a separation contract or if you or your ex-spouse is currently violating a separation agreement. If you have not filed the separation agreement in court, you can simply amend the agreement by creating a new agreement and signing it with your spouse. If you have already initiated a formal divorce procedure, you can amend the separation agreement by amending it with judicial authorization. One of the most important things you will get in your agreement is to decide how you or your spouse acquired during the marriage to divide the assets and debts. As a general rule, the property that was contracted before the marriage or after the separation is retained by the original individual owner. However, you can choose to allocate your assets in any way you want them to be individually owned.
If you own a home together, this is often the biggest asset to share. You and your spouse can agree that one of you will keep it, or you can choose to sell the house and share the net profits. If a spouse retains ownership of the matrimonial home and a mortgage on the land, that spouse must refinance the mortgage in his or her own name within 60 days of signing this contract or, if you submit this agreement to the court, within 60 days of receiving a final separation decision. A separation contract is usually chosen by couples who wish to delay their divorce or the dissolution of a life partnership for practical or religious reasons. It is a contractual agreement that allows your decision to live separately, your current obligations, the way your assets are distributed and all arrangements for your children. A separation agreement should not be filed in court, but may be submitted to the court in the event of a dispute. As with pre-marriage and post-marriage agreements, a separation agreement may not be applicable if one party is not fully disclosed or the other party is obliged to enter into the agreement. If and if the parties formally submit the divorce, the terms of the separation agreement may be included in a settlement agreement, but the parties have the option of amending the terms if necessary. A separation without dissolution does not end a marriage or a life partnership – they are simply freed from the obligation to live together. Some couples may have only one problem to solve and the usual type of separation agreement is not necessary. People who are only parents and who are never married or living together may want a parental agreement that talks about parental responsibilities and the distribution of parental leave. Couples, including unmarried spouses, who have lived together for less than two years and are only required to care for Der with regard to child and/or spising assistance, may wish for an assistance agreement on one or both issues.
Couples who only have to determine who keeps what real estate and what debts may want a simple separation agreement that deals only with property. You do not need to consult legally if you enter into a separation agreement, but it is a good idea to do so. The possibilities of a separation agreement with the division of family property and family debt are virtually limitless. Under the Family Act, each spouse must retain the property he or she brought into the relationship and participate in the property acquired during the relationship. It is assumed that half of the spouses were trained during the relationship.