What is Separation Agreement Drafting?
A separation agreement is a legal contract between spouses or partners who want to live separately. It helps them navigate this new phase in their relationship, providing guidance on how they can handle asset division, child maintenance, and other aspects of their relationship.
If you need to draft a separation agreement, read the rest of this article to explore key terms to include in it, how to draft it, and how a qualified lawyer will help you ensure it’s legal and clear to prevent disputes.
What Key Terms Should Be in a Separation Agreement?
A separation agreement usually includes core components such as:
- Assets. The agreement must state how property and other assets will be shared or allocated between parties.
- Debts. This outlines which party is responsible for paying off loans and other debts.
- Maintenance. This is an important part of the agreement if the couple has children. It explains how the children will be cared for, such as in terms of paying their education and medical expenses.
- Child custody. This outlines where the children will live and how child visitation will work.
- Dispute resolution. This section of the agreement explains how conflict between spouses can be resolved, such as via mediation or arbitration.
What are Tips for Drafting a Separation Agreement?
A separation agreement needs to contain specific information to protect both parties from future disputes or challenges. Here’s what to include in it.
Define Your Marital Assets
One of the biggest conflict triggers in a separation involves the marital assets. The agreement should specify what belongs to each spouse. It should also include what happens if the real estate property is later sold or transferred. Thinking ahead helps spouses to minimize the risk of disputes and costly litigation.
Address Financial Responsibilities
Your separation agreement should clearly assign responsibilities for covering debts to reduce disputes over payments. Being clear and upfront about financial duties is important to do during the drafting stage so that you prevent issues later. You should also properly remove a spouse’s name from joint accounts, if required.
Explain Spousal Support
Your separation agreement should clarify when spousal payments will start, how they will be made, and when they will come to an end. This is important to detail properly so that there’s no confusion over what’s being provided.
Be Specific About Child Support
Legal and physical custody of the children must be clearly defined. Explain visitation schedules, where the child will live, where they will stay for vacations, and more. It’s worthwhile to take the time to think about this with your spouse so that you cover all aspects of childcare. Make your child support and visitation plan as detailed as possible to align both of your expectations.
Don’t Neglect Healthcare and Insurance
It’s common for spouses drafting a separation agreement to forget about healthcare and insurance. You should specify exactly how health insurance coverage, medical bills, and life insurance will be handled during the separation.
Consider State Laws
It’s crucial to be well informed of state laws regarding separation agreements before you draft them. This is because state laws vary quite a lot, and you might have to follow different rules to make the document enforceable and valid.
There might even be required terms or provisions that you must include, so don’t skimp on this step. A lawyer can help you with the legal side of separation agreement drafting.
How Does a Lawyer Help with Separation Agreement Drafting?
A lawyer can help you in various ways when drafting a separation agreement so that it’s clear, specific, and legally sound.
They’ll assist you by:
- Ensuring the agreement is legally compliant with all state laws and other legal requirements.
- Identifying important issues spouses might face, such as regarding their debts and responsibilities.
- Drafting a separation agreement in clear, specific wording so that you avoid the risk of disputes.
- Protecting your rights and financial interests by advising you on the best provisions to include.
- Making the terms in the agreement legally valid and enforceable.
- Aligning child custody and support terms with the child’s best interests in mind.
- Using their skills to negotiate with the other party to reach favorable terms.
- Reviewing the separation agreement so that it’s clear and comprehensive, helping you to feel confident that it isn’t missing anything important.
Where to Find a Lawyer for Separation Agreement Drafting
If you need to hire a lawyer to draft your separation agreement, you might wonder where to find one who’s reputable and experienced. On online legal platforms, you can access a network of qualified lawyers who are experienced to help you.
ContractsCounsel is one of the largest online legal marketplaces that helps you to connect to a curated network of vetted lawyers. Since all lawyers on the platform have contract drafting and review experience, they can assist you with a clear and fair separation agreement.
Here are the steps to follow if you want to hire a lawyer from the platform to draft your separation agreement.
- Go to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer, such as information about asset division.
- Receive multiple bids from lawyers directly on the platform who have the experience to help you.
- Review the lawyers’ profiles. The platform provides lawyer data you can go through, such as their location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your separation agreement for a flat fee.
