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What is a Separation Agreement?


A separation agreement is a contractual agreement that establishes the terms and obligations of a married couple who is seeking to separate, but not get legally divorced. It also does not require court filing, fees, or appearances. Please continue reading and reach out to the Law Offices of Katherine K. Wagner to learn more about separation agreements and how Ms. Wagner can assist you. Here are some of the questions you may have:

What is included in a separation agreement?

Just as a final divorce settlement would, a separation agreement should cover all aspects of marriage including issues such as the following:

• Child support
• Child custody
• Parenting time
• Equitable distribution of property
• Payments of household expenses and bills
• Temporary alimony
• Placement of pets

The purpose of a separation agreement is to provide the foundation for important aspects of your eventual divorce settlement. However, couples do not have to divorce after separating; they still have the option to reconcile and throw out the separation agreement if they so choose.

How is a separation agreement enforced?

A separation agreement must be signed in writing by both parties in the presence of a notary public. However, separation agreements are invalid if they are entered into under duress, fraud, or threat. It is possible for a spouse to take legal action against their partner if they fail to follow the terms of the legal agreement.

Do I need an attorney to draft a separation agreement?

It may be tempting to draft a separation agreement without the assistance of an attorney. However, there are many reasons to reach out to a New Jersey divorce attorney who will assist you in executing your agreement the way you intend.

Having experienced legal guidance in your corner will help ensure that you avoid small mistakes from slipping through the cracks. Your attorney will know the right questions to ask and the areas to explore to ensure your agreement covers all of the bases and avoids protracted court battles in the future. When drafting a separation agreement, you want to reach one that does not require revisions down the road. The bottom line is that if you are looking to draft a separation agreement with your spouse, the most important thing you can do is speak with the Law Offices of Katherine K. Wagner who can effectively guide you through the process.

Contact the Law Offices of Katherine K. Wagner

Do not face complex divorce and family law matters alone. With over 25 years of experience, the Law Offices of Katherine K. Wagner is dedicated to providing you with the knowledge and skill your case deserves. We will fight to protect your rights, your financial security, and your children. Contact the Law Offices of Katherine K. Wagner today for a consultation.

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