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It is very necessary that you take steps if you find things getting difficult in your married life. Many avoid the legalities as they believe that sorting matters under the court's confidence is not beneficial. Whereas, the separation agreement helps to keep a healthy relationship with your spouse until the end. It is beneficial not only for the control of the situation but also saves the legal fees that cost deeply.
Are you still confused as to what is a separation agreement? It is simply getting separated from your spouse without filing for divorce or decree for judicial separation. They are also supposed to make important decisions mutually during the separation, such as property division, the issue of maintenance, child custody, etc.
These decisions known as clauses including introductory clauses (bank balance, house and other assets), maintenance clause, child custody, division of property, vehicle, clause on post retirement benefits, full disclosure clause. These clauses further help if the married couple agrees of filing for a divorce.
There are four common questions that answer about separation agreement. You should follow those questions and know the answers well before the matter begins. Let's go over some of those questions and hear out the correct answer for each of them:
1) Do I need to file for this said agreement?
Separation means that the two parties are still married but living under different roofs, which will later result in permanent separation. It is better to have few documents about the situation as it helps you provide proof about the exact separation date. Filing for this agreement can only be avoided if you have important documents regarding a few arrangements. As then, it becomes easier to unfold numerous things about the separation date. Also, the mutual decisions should be something none of the party refuses later when in court as it can create problems during the petition of divorce or permanent separation, even for the custody of the child.
2) Why one needs a separation agreement?
If you face something like this, it is better that you don't be independent of the verbal statements which are said to each other, especially in a heated moment. As they cannot be stated later in the court and chances are the court will not believe you. Under this situation comes a lot of other prospects like child custody, child's mental health, other small felonies and also the alimony. As such, memorializing an agreement into an enforceable contract while on good terms can be extremely beneficial for divorcing couples. You can consider doing this under the guidance of a lawyer so that the documents are valid throughout.
3) How does this process start?
The process is simpler than it sounds. It comes with some set of personal questions like who gets the custody of the child? Also, child support and many other things that show that you are sincere about your child. Whether or not, you out of all people should be responsible for the kid. Hence, given the custody. There are different sets of questions that can help to reduce the circumstantial issue. Marriage separation agreement comes a lot in play, as they end up having a healthy relationship with your better half. Legal separation in New York state has also provided some of the best services regarding the separation issue. The understand the case and help both the parties make mutual decisions.
4) Is the lawyer needed?
Well, it is an obvious question and also has a common answer. The answer is a simple yes. This is because you do not want anything to be used against you while separating from your spouse. So, to come to a common solution and resolve all other issues, it is better to have the guidance of a lawyer. Marriage is something that helps develop a healthy bond between people for the rest of their lives, and some people are extremely free about their decision. So, while on the verge of separating, shouldn't the process be healthy? Rather than hurting the other party. Remember, your kid is also involved in this matter and his or her life should not be affected with this decision.
After going through these questions, it might be clear by now as to why you need a marriage separation agreement? Moreover, how important is legal help in such matters. Legal separation in New York state is one of the best services and solves the matter with professionalism through their experience.
If divorce is not what is on your mind, consider a separation. Your lawyer will help you understand the case better. Even though separation does not require any judicial involvement, it is better to take legal help. This is because each country has a different set of laws and rules regarding separation and divorce.