Why You Need To Have A Separation Agreement?

Posted on Mar 26, 2016 by Jason

There are many circumstances in life where you may want to think about continuing the marriage with your partner. There are varied situations that cam crop up and that can lead to divorce even. There may be also a situation where you want to take time to think about the divorce and in between both of you want to give each other that space and time to think about the separation. During that phase, you may decide to stay separated from your spouse and that can be drafter in an agreement form with some of the terms and conditions related to the life and the marriage of both the partners and their children and that is the contract which is known as the divorce separation agreement

This contract is need to be created if you want to separate yourself from your partner for a specific time period and during that phase, the terms and conditions that you both need to fulfil is written in this agreement. To prepare this agreement you first need to consult a separation agreement lawyer who can guide you about the agreement details and about the dos and don’ts of the agreement and then can also make the arrangement for making this document. 

The divorce separation agreement is not needed to be filed with the court or any authority and this deed is a personal thing which only remains between the couple and the separation agreement lawyer. In this agreement both the partners can set their individual terms and conditions but taking each other’s consent is necessary for the agreement. There are terms and conditions related to the financial support and the custody of the children decided in the agreement. Other responsibilities that were shared by the couple have to be clearly mentioned in the agreement so that there are no issues further during the period of separation. 

Though it is not a legal document which can bind anyone but it is one of the most important documents when you are in two minds about the divorce of yours. There must be mutual consent for the separation for both the partners otherwise this agreement can’t be drafted. 

If the family court thinks that any of the terms is improper or unfair then that terms and conditions is not applicable even if the couple has given consent for the same. But if the agreement was sanctioned by the court earlier then it cannot be done in the future.

About the Author:Jason, is a law student, currently working with one of the International law firms in Singapore. He writes on various topic related to family legal services.


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