How to Develop a Legal Separation Agreement

If you and your partner have decided on a trial separation before divorce, you might need to write a legal separation agreement to protect you both. A legal separation agreement makes your trial official in the eyes of the law, sets ground rules, and protects both parties in the even of disagreements. Of course, most couples choose to forgo this step, but you could be setting yourself up for a fall if you don't put it in writing.

Property

The first thing to consider when you develop a legal separation agreement (also called "separate maintenance) is the property you and your spouse own. Your home, cars, housewares, clothes and other property must be divided according to a mutual agreement in court if you want your separation to be legal. Not only does this solidify your separation, but it also ensures there are no blurred lines now that you are living apart.

The primary consideration, of course, is where each of you will live. This probably isn't an issue if you own two homes, but this isn't common. Most likely, either you or your spouse will have to find other accommodations. If, for example, your spouse will live in an apartment, you will also have to decide who pays for that apartment and where the money comes from.

Bank Accounts

Another aspect of a legal separation agreement is your money, which is likely held in a joint bank account owned by both you and your spouse. If this is the case, you will have to decide who has access to those funds and how you will make financial decisions during the separation. Some couples decide to split the bank account down the middle and close it down in favor of separate accounts during a legal separation.

Custody

If you have children, custody is an important factor of a legal separation agreement. Who gets custody of the kids? When are visitations allowed? How will the children be transported from one parent to another? Depending on the length of your maintenance separation, you might have to deal with your agreement for a long time, so give it careful thought. Since this issue is often volatile, you might need a mediator to help you settle disputes.

Important Factors

According to ExpertLaw.com, a legal separation agreement is usually used to settle divorce proceedings. In other words, if you and your spouse can't work it out, the agreement you use for a maintenance separation will likely stick once you file for divorce. For this reason, you shouldn't take this agreement lightly.

You should also know that you are still married, which means that your spouse's decisions can still affect your life. A loosely-termed legal separation agreement can be disastrous if your spouse goes on a shopping spree. Unless you made provisions for your finances in advance, that fact will probably not be considered in your divorce proceedings. If you think that your spouse might be irresponsible with your money while you are separated, protect yourself in the maintenance separation agreement.

Drafting the Agreement

Although there are forms and "wizards" online to help you develop a legal separation agreement, it is always a good idea to have an attorney draft one for you. This ensures you've covered all your bases and made the agreement legal in the eyes of the court. Alternatively, you could draft one yourselves and then have an attorney look it over, which might cost less money.

Source:

Aaron Larson, Legal Separation and Separate Maintenance, ExpertLaw.com