Why Have a Separation Agreement?

It is simple. A separation agreement puts everything you and your spouse have agreed to in writing. Verbal agreements do not hold up in court and are nothing for than “he said…she said”. A separation agreement makes sure you and your spouse are both on the same page and that you each have a clear understanding as to what your separation terms actually are. Typically your agreement will be signed in front of a notary with a witness for each signature. It is at this point it becomes a contract between you and your spouse and should one of you not live up to your end, the agreement may be used as evidence in court. Most couples end up actually filing for divorce according to the terms in their agreement, but this is not required. For uncontested divorces, it is very common to have the divorce papers reference and incorporate the agreement as part of the final orders. This is often referred to as the Marital Settlement Agreement (MSA).

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