An insight into the separation agreement and its significance


Posted October 19, 2012 by timbaub00

Before you sign either a prenuptial agreement or a separation agreement you need to know about these documents.

 
A separation agreement - otherwise known as a property settlement agreement - is a legally binding document between a married couple and contains rules about rights, responsibilities and duties that arise out of their matrimonial relationship. In case of divorce, issues regarding debt division, health insurance and expenses, litigation costs, attorney’s fees, spousal support, divorce costs, payment for child’s education etc., are settled through clauses in this agreement. In contrast to a prenuptial agreement, this is created after the wedding.

Initially these agreements were not favoured in court. Such agreements were considered to unenforceable against the public policy. However, a paradigm shift in the way divorce is viewed has made these agreements valid, given that no undue influence has been exercised. State laws may vary when it comes to what may or may not be included in these agreements. It is important to research the state law regarding these agreements before creating one. Seeking legal advice might be advisable in this instance. Whether you are looking at a separation agreement or a prenuptial agreement, it is imperative that you obtain experienced advice.

When there is a separation agreement in place, issues are easily solved during divorce. In their absence, disputes should be litigated. This makes the proceedings quite complex, lengthy and expensive. Litigation would definitely take an emotional toll on those involved. Things could get out of hand especially, when children are involved. It is best to create agreements that are suitable for both parties in order to simplify the proceedings during a divorce. Signing a prenuptial agreement is even better. However, it is important to make sure such legal documents are updated regularly in case of any changes in the family situation. This way, the validity of the agreements can never be questioned.

Separation agreement makes a divorce simple because they leave no decision to the court, except for the decision of divorce itself. If no children are involved, the separation period is shortened from 1 year to six months if there is a written agreement involved. Prenuptial agreement also makes things simpler as everything is predetermined and all that the court has to do is check the agreement’s validity and pass an order for implementation of the terms present in the agreement. Hence, be very careful about what you agree to in these legal documents. If you change your mind later, it might be too late to do anything about it.

Crucial to creating an error free separation agreement or prenuptial agreement is an experienced and trusted advice. There is over-the-counter legal documentation that will be able to explain everything that there is to know regarding these agreements. It will give you an insight into various scenarios under which the verdicts might be delivered by the court. This will help you to make an informed decision. Withholding information might create problems during the divorce proceedings. These legal documents have been composed with the help of experienced legal experts.
Do you intend on getting a separation agreement http://www.lawpack.co.uk/separation-and-divorce/diy-divorce/product2486.asp or prenuptial agreement http://www.lawpack.co.uk/cohabitation/product1688.asp drafted? Please visit our website and find out how you can take care of your own legal documents with our over-the-counter legal packs.
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Issued By gail
Country United Kingdom
Categories Law
Last Updated October 19, 2012