A separation agreement is a necessary document if you are considering divorce..

Is it time to draft up a separation agreement?

According to statistics over 50% of marriages end in divorce and you are at a time in your life that you would rather not be in... 

It is a time of great sorrow in that you have invested time with someone and committed your life to them but it has fallen apart.  You have tried counseling and everything else that goes along with the reconciliation process and you still come to the same conclusion... 

...Your marriage is over and you want a divorce.

It is definitely not the high point in your life but in order to ensure that you have your best interests in mind you will need to make sure you have the appropriate legal document in place. 

This is especially important if you have children and marital assets.

Here is a Free Separation Agreement I edited and used in preparation for my own divorce.  Please remember that this will give you a good start but this document will need to be reviewed by your attorney as well as your spouse's attorney prior to execution.  This document will encompass the following areas:

• Visitation
• Child Support Payments
• Spousal Maintenance
• Property Division
• Division of Debts
• Health Insurance
• Disposition of the Marital Home
• Pension Plans
• Tax Issues
• Future Dispute Settlement

When you initially execute your Separation Agreement you do not have to file the agreement with the court to be effective in most cases. As you can see by the one I have provided it only required two disinterested witnesses.  If the document is incorporated into the decree, it becomes a court order and is enforceable by the court's contempt powers.

If you do not incorporate it into the final divorce decree it simply becomes a contract between you and your spouse.  If there is a violation of the agreement you will have to sue the other party in a separate action to enforce. If the separation agreement is not incorporated into the divorce decree, and your spouse violates the agreement you can still seek money damages for the violation of the agreement, but it is advisable to incorporate the agreement into the divorce decree.

This agreement will remain in effect for as long as there are any responsibilities outlined in it.  It may be modified with the consent of both parties by the Court.

This document combined with your Pre-paid Legal Services membership will make this time in your life a little easier as far as what needs to be done and the associated costs.