Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Does divorce require a separation agreement?

On Behalf of | May 30, 2023 | divorce | 0 comments

Each divorce is unique, based on the couple’s circumstances. They might choose to file for divorce after meeting the required duration of separation. However, some couples could create an agreement for their separation while not yet eligible for divorce.

This document is a separation agreement. This agreement indicates amicable decisions regarding essential family matters usually tackled during divorce, such as property division, spousal support and affairs concerning their child. Couples could draft it upon or during their separation. It is an enforceable document that could be relevant in the initial stage of the divorce process.

However, it is not required when filing for divorce. Instead, it binds the divorcing couples to the agreements made when they separated. The court could use and review it to settle essential divorce matters. Still, the judge has the final say. If they find it unreasonable after evaluation, the judge could take a different approach based on what is truly appropriate.

Other details of their family’s circumstances could also affect a separation agreement’s validity. If the evidence presented to the court showed that it has terms deemed unfair to either party, the court could regard it as unreasonable.

What happens if the separation agreement is unreasonable?

The court holds significant control over enforcing a separation agreement during the divorce. Sometimes, the judge could ask the divorcing couple to revise its terms.

They could also address divorce matters separately by issuing court orders. Before finalizing any decisions, the judge must consider other factors crucial to fairly settling divorce affairs.

Despite its significant dependency on the court’s decision, a separation agreement remains valuable for addressing vital family matters. Doing so could lessen disputes and guide the divorcing couple to move forward effortlessly once they begin the legal process.


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Photo of Kenneth L. Gibson Jr.