What Is A Separation Agreement?

When a couple becomes legally separated, a separation agreement is filed with the courts.

This document is an agreement that both parties voluntarily support and agree to. If either party disagrees with the content, then a separation agreement cannot be obtained.

The purpose of a separation agreement is to serve as a “terms and conditions” for both parties after becoming separated. As a result, it typically includes details on a wide range of issues, including but not limited to:

  • Child custody and visitation
  • Child support
  • Property division
  • Alimony
  • Future earnings
  • Debt
  • Insurance
  • Inheritance

A legally executed separation agreement may also be used as grounds for divorce.

Benefits of Having a Separation Agreement

If you have been married for several years, untangling your life from your spouse’s life can be more difficult than you might have ever imagined. After all, you have built a life together and now you need to figure out how to divide everything fairly, from your household belongings and acquired property to time spent with your children.
A separation agreement contains all the specific details pertaining to these sensitive issues. And because it agreed to by both parties, it helps make the entire process of becoming separated and/or divorced go much smoother and easier.

Additional benefits of having a separation agreement include:

  • Cost – Negotiating and creating a separation agreement costs significantly less than handling the process via lawyers and litigation.
  • Privacy – When you have these issues decided by the court, they become court documents that can be accessed by the public. A separation agreement, on the other hand, does not become a public record.
  • Flexibility – Only you and your spouse understand your life and needs. Taking the time to negotiate your separation agreement gives you the flexibility you need to come up with creative solutions that work for your unique situation. If you leave it up to a judge, you risk losing certain considerations.
  • Time – If you choose litigation instead of negotiating with your partner to create a separation agreement, then you should expect your trial to be a long and drawn-out process. After all, the longer your trial lasts, the more your lawyers will earn. If you want things done quickly, then it is in your best interest to negotiate a separation agreement with your spouse.

Hire a Skilled Mediator to Keep Your Separation Agreement Negotiations Progressing

It is understandable if you are not looking forward to negotiating the terms of your separation agreement with your spouse. After all, you are becoming separated for a reason and the issues that need to be dealt with are nothing if not serious and complex. As a result, disagreements and arguments can be expected.

This is where having a skilled mediator in attendance can be a major benefit. A mediator is an unbiased professional whose sole purpose is to help you and your spouse negotiate your separation agreement peacefully and fairly. Your mediator will help keep the conversation on track and help you reach your goals.

If you want an experienced mediator to help with your separation agreement negotiations, contact Mediation Professionals of Long Island today at 646-992-7440 or click here to send us a message.

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