Divorce Separation Agreements

By Staff Writer

Divorce separation agreements are absolutely essential as the first step in a legal divorce. A legal separation agreement will address most, if not all, of the same issues as your divorce. It should cover key areas such as asset division, child custody and visitation, spousal support, and debts.

It's better to negotiate amicably and make some compromises in Divorce Separation Agreements, in order to avoid a costly court case later. If you use strong-arm tactics for the terms of separation, you may find yourself in court, where the judge will have the final word. A judge may come up with a solution in a contested divorce that is not palatable or convenient for either party, but which must be adhered to.

Be sure that your separation agreement allows you easy access to the cash, joint bank accounts and CDs that you and your spouse own. Both you and your spouse will need a flow of cash because you may be establishing separate residences and incurring new expenses. This is also the time when it's best to consolidate and pay off debts so that you no longer owe debts in common.

Divorce Separation Agreements--Establish your Priorities
At the same time, in your desire to compromise, don't agree to any provision in your separation agreement "for now", thinking you can reverse it or amend it as negotiations for the divorce begin. Don't think you can live with a bad arrangement and change it later. Too often, the lines drawn in settlement agreements become the terms of the divorce, and now is the time to state your needs and draw your boundaries firmly. However, be sure to give yourself some room to maneuver by clearly specifying that agreeing to terms in the separation agreement in no way binds you to the same terms in the divorce agreement. This will give you some time to live with the terms and see if they fit your life or not.