How to Prepare a Separation Agreement
Marriages begin on an optimistic note, with two people pledging their loyalty and lifelong love and fidelity to each other, "'till death do they part." Unfortunately, through a myriad of circumstances, many marriages end in divorce before death. When this happens, a separation agreement needs to be prepared.
- Find out if your state requires a separation agreement. Guidelines differ from state to state on whether a separation agreement is necessary and if a lawyer must assist in its preparation or if the two parties can write it themselves.
- Determine if civil conversations to create the separation agreement are possible. If the two of you can speak civilly, it is best to try and work out the details amongst yourselves. If your state requires you use a lawyer, then after discussion the two of you could go and tell the lawyer what you have agreed to and he or she will write it up for you. If it is not possible to get along for this period of time, you will both need to retain a lawyer who is familiar with divorces and separations.
- Work out the details of your separated lives. The separation agreement governs what each of you is able to do and splits assets and responsibilities until the divorce is over. Who is responsible for the mortgage, car payments, transporting children to and from school and many other scenarios need to be discussed and decided on.
- Know the laws regarding divorce in your state. You both need to be aware of the guidelines for divorce in your state if that is the ultimate goal of your separation. Once you know the specific regulations for your state you will be better able to plan your separate futures.