Negotiations and Agreements
Generally separation agreements allow common law spouses to work out the terms of their separation. Married couples too may want to have a separation agreement to mark the terms on which they will separate for the year they live separate before being legally able to get a divorce. Such an agreement will detail the rights and responsibilities of each couple and establish how shared property, debt and custody access should be divided. If applicable the separation agreement will also spell out the terms for support or alimony. Creating your separation agreement is like creating your own set of laws that you and your partner agree to follow moving forward during and after separation. Such agreements are not set in stone forever, so long as you both agree to make amendments, but until then these agreements serve as legal documents with terms that are enforceable in court.
For this reason you won't want to just agree to anything when creating the agreement. You will want to make sure the agreement is fair and complete. having a guide to help you understand what you are agreeing to and what terms need to be considered will ensure your goals and future are protected. Such goals that you may want to consider when creating your agreement might include:
- Making sure you receive an equal share of the assets you helped to build during your relationship.
- Ensuring that any family debts are divided fairly between you and your spouse.
- Protecting assets, inheritances and items of high sentimental value
- Ensuring you get a fair amount of parenting time with your children
- Seeking spousal support or conversely seeking to minimize support obligations.
It is important to note that you don't need to go to court to get a separation agreement and therefore it is often less costly and allows for more harmonious negotiation rather than long litigation battles. We can help you create a separation agreement and negotiate on your behalf to ensure you get a separation agreement that is fair and aligned with your goals and needs. However, should circumstances require going to court, rest assured we at Levine and Company will be at your side to protect your rights and goals.