Know about the 6 advantages of marital separation agreement, and how it can be useful.
A marital separation agreement is a contract that helps to solve all the issues related to divorces, before they come to the fore. This type of contract describes all the rights and responsibilities of spouses – including child support, child custody, spousal support - marital property distribution, and more. Find out about 6 common questions asked about marital separation agreement in California.
Who needs this type of contract?
In case you are thinking about divorce and separation, and have kids from your spouse, as well as joint debts and marital property, this agreement can be useful for you. It can help to settle all your problems with mutual consent. This contract comes before the divorce agreement in most cases. It is important to contact a good lawyer who understands the laws that apply on divorce proceedings.
When to draft the contract?
It does not have any particular time. You may draft the agreement when you decide living separately, after filing your divorce papers at a court or when you are living separately from your spouse.
Why draft this agreement?
A divorce leads to different problems regarding the duties and rights of spouses. By drafting the agreement, you may avoid disputes and hassles later while the divorce proceedings are on.
How to file it legally?
When you take a decision to live separately, you do not require filing it at the court. It is wiser, however, to submit the paper along with other documents while filing for divorce. You may either add it to a divorce agreement or merge it. It is best to consult a good attorney, having expert knowledge in this domain, and seek advice from him on the matter of marital separation agreement.
Does in bind on both spouses?
Yes. It can bind on both spouses for quite a few years in the majority of cases. It can be amended by spouses by mutual consent. If it is found to be necessary, the contract can also be modified by the court with a specific clause.
Is the fairness of the contract assessed by the divorce court?
If your divorce is an uncontested one, it is entirely possible that the marital separation agreement in California is approved by the court. There is just one condition, which is no coercive or fraudulent means were used. It is better that you seek assistance from a lawyer, in order to ensure that the contract meets with the approval.
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