Is a Separation Agreement right for me?
There are benefits and drawbacks to separation agreements and you should consult an attorney to decide whether a separation agreement is the right option for you.
It is true that separation agreements can prevent years of fighting and significant attorney’s fees that can occur if the issues must be decided in court.
Separation agreements are contracts enforceable by the court.However, separation agreements are contracts that are enforceable like any other contract. They can become a court order that would be enforceable by the contempt powers of the court if incorporated into a court order. It is important to know that spouses can lose their rights to change some terms of the agreement such as spousal support and property distribution.
When it comes to children, parents will never lose the right to address issues regarding child custody and child support in court . A judge can change the terms about child custody and child support.
How can I protect myself?
Separation agreements may help you avoid the stress, length, and costs of a court case but they are binding legal contracts. If you are considering a separation agreement, it is important to consult a lawyer to make sure that a separation agreement really is in your best interest.