Brooklyn Divorce Attorney
The separation agreement represents an invaluable tool by which matrimonial disputes may be fairly and equitably settled by the mutual consent of the parties without the need of contested litigation. It is truly a versatile device, capable of accomplishing a multiplicity of purposes.
One of the first things you will want to address, of course, is whether one spouse will need to make payments to the other during the separation. That could be because there are children who need to be supported, one spouse is a stay-at-home parent or makes significantly less money than the other. If the couple owns a residence together, who will remain in the residence? Who will be responsible for paying the mortgage, utilities, etc?
You will also want to cover who will be responsible for any debts or financial obligations incurred by each spouse. You may want to address who will use and/or be responsible for making payments on any vehicles that are jointly owned.
If there are children involved, in addition to temporary child support payments, the separation agreement can establish a provisional custody and visitation schedule to ensure both parents have access to and get to spend time with their children. They may not seem important during what can be an emotional and tumultuous time; separation agreements provide an important framework and structure that can be tremendously comforting and beneficial.
The central aspect of a separation agreement is that it represents an agreement between the spouses that they shall live separate and apart. Their separated status thus confirmed as being grounded upon mutual consent.
Separation agreement will govern the relationship between spouses during trial separation and if parties so chose, once the divorce is filed.