What Is a Legal Separation Agreement?
When a couple decides to separate, they are advised to compose legal separation agreements in order to settle various marital issues prior to divorce proceedings. This reduces time in court and also helps the proceedings run more smoothly.
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Description
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A legal separation agreement is one that is reached by marital partners who have decided to either live separately from each other or fully divorce. The agreement includes the disposal of matters, both financial and physical, that the couple accrued during the course of living together.
Financial Issues
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Some of the first issues to be settled in a separation agreement are those of financial responsibility. According to DivorceDex, these include assets and liabilities that the couple have accrued, maintenance or alimony, insurance coverage and college or other expenses for their children.
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Physical Property
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The agreement will also determine who will live in the family's home after the separation, as well as the disposal of the property that is within that home. Should any property belong to a partner prior to his marriage, that property is often retained by him upon separation. The separation agreement also determines ownership of the family's vehicles.
Child Support and Visitation
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The agreement can include the issue of financial support for any children born to the couple during their marriage who are under the age of 18. It can also outline frequency and length of visitation, as well as other issues dealing with the non-custodial parent's visitation with the children.
Legalities
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If you and your partner decide to part ways, your separation agreement should be carefully discussed and planned and written with the assistance of an attorney who specializes in such agreements. The attorney will know the separation laws in your state and can act as mediator in the event of discrepancy between your partner and yourself.
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References
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