subject: Understanding the Marital Separation Agreement [print this page] Understanding the Marital Separation Agreement
When your marriage has hit rock bottom and all you want is some peace of mind, it is time to take the first step live separately. Whether you are going to live separately in near future or already are living apart, it is a good idea to consider drawing up a marital separation agreement.
In most cases, this agreement precedes the divorce agreement. Get in touch with a good legal professional to understand the laws applicable on divorce proceedings in Vegas. Here are a few common questions that arise regarding the separation agreement.
What issues does the agreement try to resolve? The significant point about this agreement is that it helps resolve divorce related issues even before they come into the forefront. The agreement spells out the rights and responsibilities of the spouses (spousal support, child custody, and child support), marital property distribution, and so on.
Who needs such an agreement? If you are contemplating separation and divorce and you and your spouse have children, as well as marital property and joint debts, you need the agreement to help settle issues with mutual consent.
When do you need to draft it? There is no specific time to do this. You can draft this when you decide to live separately, during your separate living period, as well as after the filing of the divorce at a court.
Why should you draft it? A divorce gives rise to various issues pertaining to the rights and duties of the spouses. With the drafting this agreement, you can avoid later hassles and disputes during the divorce Vegas procedure.
Is there a legal method for filing? There is no need to file it at the court when you decide to live apart. However, it is wise to submit it along with the other documents when you file for divorce. You can either merge it or incorporate it into the divorce decree.
Is it binding on the spouses? In most cases, it is binding on both the spouses for several years. The spouses can amend it with mutual consent, or the court can modify a certain clause, if it deems necessary.
Does the divorce court assess the fairness of the agreement? If yours is an uncontested divorce, it is highly probable that the court approves of the agreement. The only condition is that no fraudulent or coercive means were used. To make sure that the agreement gets this approval, it is better to take help from a lawyer.
