Many men have asked why get a separation agreement if I already know that a divorce is imminent? The truth is that a separation agreement can be good or bad, but that is entirely dependent on whether it is well thought through and the decisions are made with your brain and not your emotions.
If done correctly a separation agreement can save you from a lot of added stress, wasted time, useless bickering, and, most importantly, legal costs when the time comes to take that final step, filing for divorce.
If it is not done correctly, you may find yourself in a much bigger mess than what you started with.
Separation agreements are meant to divide up property and assets, agree on child custody and visitation, and maintenance payments and child support prior to any divorce action.
But something like this is only possible if both parties (husband and wife) are civil and fair.
If it is found that someone has not been completely forthright about issues such as assets or property then the entire agreement could be void.
It is best that the separation agreement is drawn up by an attorney, but if not at very least have an attorney look it over thoroughly before you put too much stake in it.
Remember, nothing is set in stone until as judge signs it and it is recognized by the state that you are filing in.
And when it comes to signing the agreement always make sure that it is notarized.
In fact when it comes to any legal matters, all signed documents need to be notarized; otherwise it is too easy for the other party to claim that they did not sign it or that you forged their signature.
Then you obviously have much bigger problems on your hands.
The next issue is what to do with a separation agreement once everything is agreed upon and signed.
If the state that you live in recognizes legal separations then you can file the agreement with the courts along with the other paperwork.
If you do not live in the state that recognizes legal separations then it can be used as the agreement during the actual divorce proceedings.
This is why it is so important to have an attorney to at least look over it to see if it will stand up in court.
Most importantly, even if the separation agreement is not filed immediately, you must abide to it by the letter.
If you decide to stray from the agreement not only are you going back on your word, but you will also appear sneaky or untrustworthy when it comes time to go before the judge.
This will be something that be very difficult to talk your way out of.