A separation agreement is a written document which outlines the parameters of your divorce, covering topics like the ones mentioned above. However drafting a separation agreement may prove difficult, especially when you and your loved ones are going through a very trying moment. We examine a couple of the most typical blunders to steer clear of in this post whenever preparing a separation agreement. There are a few practical issues that you must solve as a couple if you have decided to end your relationship. Even if you are not sure if you are going to dissolve your civil relationship or get a divorce, you will need clarity on things like:
- The residence of each spouse and the plans for any kids you may have together
- Plans for any kids you may have together
- How your money and possessions are allocated
- If they live apart, could both sides manage to pay their bills?
It is essential to seek legal advice before negotiating, drafting, or reviewing the separation agreement, just like with any other kind of contract. There are various methods you and your separation agreement solicitors can expedite that process so that disagreements may be settled and an agreement may be finalized. Among them are the following: Â
- Make a list of your wishes. What key points do you wish to have included in your separation agreement? Itemize them for your attorney.
- Find out what your spouse wants. Your lawyer has the right to question your spouse’s lawyer about their main concerns & stances on them.
- Make negotiating pawns. Establishing your top goals can help in the negotiation of the separation contract. Certain things might be more significant to your spouse than they are to you, or the other way around. To obtain what you most desire, you should be willing to trade things you aren’t passionate about for things you do.
- Make use of a term sheet. Whenever you begin crafting the separation agreement, all parties ought to print out and sign this paper, which summarises the main points of your contract.
The advantage is that, compared to repeatedly rewriting a contract, it is less costly and quicker to make revisions to the term sheet during the separation agreement negotiating process. Furthermore, it’s made enforceable and cannot be reopened in court if both parties accept it and include it in the separation agreement.
The rights and responsibilities of you and your spouse are outlined in the divorce agreement, which makes it crucial. In the absence of such a contract, you both remain in charge of helping one another. Seeking counsel from a skilled marital lawyer is essential to guaranteeing that your monetary and legal concerns are taken care of.
Mistakes To Avoid:
Not Taking Into Account The Long-Term Effects
The court will look into your prior agreements and arrangements when you begin divorce procedures, even though a separation agreement is not enforceable in and of itself. You must take into account the long-term effects on you and your family in addition to the provisions of the agreement as an intermediate solution.
Make The Contract “Formal.”
Even if reaching an informal agreement could be straightforward, you should take action to make certain that it is formalised and acknowledged by a judge in the event of a divorce if you wish to safeguard the contract. Whenever a separation agreement is reasonable, both parties fully know what they are getting into, and if it was prepared by a lawyer, the court will typically accept it. In broad terms, the financial situation of both you and your spouse has to remain the same as it was at the time of the agreement.
Committing Funds Before The Deal Being Finalised
Many changes occur during a separation. Nevertheless, until the circumstances of the separation are apparent, we suggest delaying signing any new leases, mortgages, auto loans, or other significant financial commitments. Even if your partner has verbally agreed to a financial strategy, it might not match exactly what is written down in an official contract.
Being Coerced Into Signing A Contract
Parties may frequently feel under pressure to accept conditions they are not sure about to “get it done.” Individuals frequently prioritise their feelings over their practical and financial demands in family relationships, which can lead to issues on the road. It might be helpful to have a lawyer defend your interests in this case. A lawyer will discuss your goals for the contract with you and discuss the terms on your behalf.
Final Words:
In negotiating a separation agreement, it’s important to be transparent, prioritise each other’s interests, get legal advice as needed, and work towards a just and cooperative conclusion. Through a patient, compassionate, and long-term well-focused attitude to the process, both individuals may traverse this difficult time with more clarity & respect.
Also read: How Do Family Solicitors Handle Legal Disputes?
