Separation Agreements are voluntary agreements between spouses that address all issues which would be required in a divorce, including division of assets and debts, child custody, parenting plans, child support, spousal support (alimony), health insurance, tax-related issues, and any other matters pertinent to a divorce. These agreements are often reached through mediation and provide a structured and amicable way to outline each party’s rights and responsibilities.
Our firm specializes in drafting comprehensive and fair Separation Agreements, ensuring that all aspects of your divorce are addressed in detail. By choosing a Separation Agreement reached after a successful mediation, you can avoid the need for contentious litigation, allowing for a more harmonious transition.
A Separation Agreement is a legally binding contract between spouses that address all issues which would be required in a divorce, including division of assets and debts, child custody, parenting plans, child support, spousal support (alimony), health insurance, tax-related issues, and any other matters pertinent to a divorce.
A Separation Agreement is a contract between spouses that can be used as the basis for a divorce decree. The divorce decree is the court’s official order that legally ends the marriage and incorporates the terms of the Separation Agreement.
Yes, a Separation Agreement can be modified if both parties agree to the changes, or if there are significant changes in circumstances. Any modifications must be documented in writing, signed, acknowledged, and may require court approval. A Separation Agreement can also be modified by a court, especially for custody, parenting plans, and child support. However, court modification for distribution of assets and debts and spousal support (maintenance) is rare and difficult to obtain.
While the agreement itself is a contract between spouses, it can be incorporated into a judgment of divorce, making it enforceable by the court if necessary. However, it is not as solid and enforceable before it is incorporated into a judgment of divorce.
The time to draft a Separation Agreement varies based on the complexity of the issues and the cooperation of both parties. Usually it takes a few weeks to prepare the initial draft of the Agreement.
Following a successful mediation where all issues are satisfactorily resolved, the mediator will draft an initial Separation Agreement under a separate retainer agreement. The cost will depend on the complexity of the terms and the estimated time required to prepare the Agreement. We will give you an estimate upon the conclusion of your mediation. We provide transparent pricing to help you plan accordingly.
We prepare Separation Agreements after a successful mediation process. We start with an initial consultation to explain the mediation process, assess your situation, and ensure that both parties are willing to participate in mediation. This is usually done separately with each party by phone.
Both parties gather and exchange, with each other and the Mediator, all necessary documents and information related to assets, debts, income, and expenses. These documents include tax returns, W-2s, 1099s, paystubs, bank and brokerage account statements, health insurance cards, life insurance declaration of coverage page, retirement account statements, mortgage statements, credit card and loan statements. This exchange of information and transparency is crucial for informed decision-making which supports a solid Agreement.
We will meet either in person, or on Zoom. During mediation sessions, we facilitate discussions to help you and your spouse address and resolve all pertinent issues. We guide you through negotiations to reach fair and mutually acceptable agreements.
Once an agreement is reached on all issues, we draft a detailed Separation/Settlement Agreement. This document contains all terms and conditions agreed upon during the mediation sessions. We recommend that you have the Agreement reviewed by your own separate attorneys before signing it. Often the initial Agreement may need some revisions, or new issues may arise that we didn’t consider in the mediation sessions. Resolution of these issues may require an additional mediation session.
If and when either party desires, the signed Separation/Settlement Agreement can be submitted to the court as part of a simple uncontested divorce filing, ensuring a smooth and amicable conclusion to the process.
To schedule an initial consultation, please fill out the form below or contact us directly via phone or email. We look forward to helping you navigate your family law matters with confidence and ease.