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What is a legal separation? A legal separation occurs when a couple decides to live apart, but do not want to divorce officially. Simply put, it is an alternative to filing for divorce. It is a discussion that involves the filing of a marriage separation agreement with the court. The decision necessitates drafting of a separation agreement. Generally, a separation agreement is a legal arrangement between married couples who have decided to live apart for an unspecified period.
A legal separation agreement involves deliberations and negotiations surrounding maintenance, the division of assets, child custody, visitation, and any child support. A lot of couples go for it because it is less involving than divorce, and it leads to a speedy resolution. In truth, it is the best option. However, separation agreements are more involving than most people think. The process involved is stressful, and both parties need legal advice to achieve a successful legal separation. If you and your spouse decided that legal separation is the best option for you, it’s advisable to hire a knowledgeable separation agreement lawyer to help you with the process. Here is why.
Guiding The Process
A separation agreement is legally binding. This means you cannot change your decision after you agreed to it. It is, therefore, important to hire a separation lawyer to help you make an informed decision and protect your interests. Nassau County legal separation lawyers have years of experience and understand how the process works. Besides, they know the common mistakes people make when writing a separation agreement. They will argue your case fearlessly to protect your legal rights. What if both of you have already agreed on what you would like to include in the separation agreement? Well, you should still involve a lawyer to check it and draw it up as a legal document.
Negotiate for an Enforceable Separation Agreement
For a separation agreement to be enforceable, it must meet all the requirement of a valid contract. However, it can be revoked if there are suspicions that it was formed on the basis of fraud or undue influence. Thus, it is fundamental for you to hire an experienced separation attorney to draw a binding separation agreement for you. Also, the laws and guidelines involved in the making of the agreement are complex and are hard for a layperson to comprehend. For this reason, it’s advisable to get a separation solicitor to interpret and answer all the crucial questions.
Obtain The Necessary Approval
If you decided to file your separation agreement with a court, then you require an approval from a judge for it to be lawfully binding upon the parties. In the event that you and your spouse cannot agree, the judge may reject the separation agreement presented to the family court and may have to create one for you. The resulting court agreement is formed based on the evidence present and this may lead to unfairness. Therefore, it’s important to get a well-informed separation lawyer who will help you come up with a separation agreement that will easily get the judge’s approval.
Alteration Of Unfair Separation Agreement
Like any other legal document, a marriage separation agreement can be amended or changed according to the needs and wants of the parties. Regardless of whether the agreement was formed in private or ordered by a judge, changing it can be challenging if the couple cannot agree. If you have substantial reasons why the separation agreement should be modified and your partner cannot agree with you, hiring a lawyer might help convince them. The attorney will help you prepare and argue your case. The Nassau County separation lawyers will also evaluate the changes to ensure they satisfy all the requirements of a valid modification contract.
Also, if your agreement was ordered by a court, a separation lawyer will help you get the judge’s approval to make changes and alterations. If the magistrate fails to approve the amendments, the changes will not take any legal effect.
Getting The Right Separation Agreement Templates
With the recent explosion in technology, you can find almost everything on the internet including various separation agreement templates and toolkit. While these templates offer guidelines of the issues you and your spouse need to discuss, you should be careful because some are misleading. The agreements are vital and have long-lasting impacts. What you write on them will shape your future, financial plans, custodial arrangements, and lifestyle. Make sure you hire the service of a seasoned separation lawyer to have the right separation agreement template and toolkit. A knowledgeable separation attorney will help you get the right template for you to come up with an enforceable agreement.
If you care about your future, then you cannot afford to permanently sign away your rights without a proper understanding and contemplation. Our separation lawyers will offer you legal advice, protect your rights, and ensure you understand the consequences of any agreement.