There are numerous reasons why a couple might pursue a legal separation.
Whether those reasons reflect a conscious choice – religious or medical reasons – or are driven by legal technicalities, the inability to attain a tradition marriage, it is important to work with an experienced family law attorney who can guide you through the process.
A marital separation agreement is a written contract between a husband and a wife that details how certain issues will be resolved. It is signed when a legal separation has been granted or when they have agreed to live apart in contemplation of a divorce. These issues can center on financial or legal matters, and can be as detailed as the couple desires.
The agreement is made in order to help settle any:
- Disposition of the marital home
- Property division
- Division of joint debts
- Spousal support under California law
- Child custody
- Child support under California law
- Visitation rights
- Health insurance issues
- Taxes
- Pension plans
- Future dispute settlement
These issues are the more significant and are often at the forefront of most agreements, but each agreement is different and can address other issues, such as the family pet or what religion the children will practice.
A martial separation agreement may be drawn up before or after one of the parties has filed for divorce, even while the couple is still living together.
A separation agreement will bind you through many years and determine your rights, obligations, and responsibilities from your marriage. You and your spouse can amend the agreement if you both consent to the changes, or it can be modified by a court order, provided the agreement does not specifically state that the agreement is not subject to any court modifications.
Once your divorce proceedings have begun, you will attach the separation agreement to the divorce papers, and ask the court to merge, but not incorporate, the agreement into the final judicial decree. Incorporating the marital separation agreement into the decree makes it a court order and it is enforceable by the court. However, if you don’t incorporate the separation agreement into your decree, it simply becomes a contract between you and your spouse.
If you have been married for a short period of time and have no marital property, no joint debts, and no children, you probably don’t need an agreement to get a no-fault divorce. But, an agreement leaves no doubt about any details pertaining to the end of your marriage. It is better to have a clearly written agreement than rely on verbal understandings.
In California, if you have a marital settlement agreement, your divorce will be easier and less complicated, and it will be absolutely clear to the court that you have an uncontested divorce.
Whether you are involved in a marriage or domestic partnership, a separation agreement can provide clarity and a framework for the divorce or dissolution of domestic partnership. We encourage you to schedule a consultation with an experienced family law attorney so you can discuss your specific concerns in greater detail.
