If you no longer wish to maintain a marital relationship with your spouse, you can protect your best interests by drafting a separation agreement. A contract that addresses everything from property division to child custody, this document will serve as the scaffolding for any court orders that are eventually issued. In the meantime, it will provide clear written guidelines for both you and your ex to follow, thereby mitigating disputes. 

Who Needs a Separation Agreement?

Separation agreements are primarily for married couples who’ve decided to end their personal relationship. Unmarried couples who share children and wish to break up can also benefit from drafting a comprehensive separation agreement.

More formally called a marital separation and property settlement agreement, this contract essentially spells out the terms of the split in writing. Regardless of whether they intend to proceed with divorce or remain legally separated indefinitely, the couple must divide their marital property and address child custody upon ending their relationship. Doing so in a formal separation agreement will establish expectations and prevent future conflicts. 

What Does a Separation Agreement Address?

Since every couple is unique, every separation agreement is, too. Generally speaking, however, these documents address some combination of the following:

• Division of debts and assets;
• Health insurance coverage;
• Child custody or visitation;
• Child support obligations;
• Spousal support obligations;
• Pension plans; and
• Tax strategies.

As long as the individuals are willing to cooperate with each other, it’s wise to draft this agreement prior to filing for divorce. While not a court order, the document will be a legally binding contract that provides a blueprint for the terms of the separation. If the couple wishes to proceed with divorce, they may ask the court to incorporate some or all of its terms in the final judicial decree. If this happens, the terms in question will become a court order. 

For help drafting a separation agreement that protects your best interests, turn to Hildebrand Law Office P.C. Based in La Fayette, this firm is proud to counsel clients across northwestern Georgia and beyond. Established in 2001, they focus solely on family law, which means they’re well-versed in everything from adoption and surrogacy to child custody and alimony. To request a consultation, reach out on their website or call (706) 638-6009.