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Marital separation agreements are written contracts between a divorcing husband and wife. Marital separation agreements can be drawn up when a couple first decides to split up or during official divorce proceedings. Marital separation agreements are often called property settlement agreements. This is because marital separation agreements are contracts which specify how property is to be divided, how alimony and/or custody will be paid (when applicable) and to spell out other legal rights during the dissolution of marriage.
There are some cases where divorcing couples do not need to get marital separation agreements when seeking a no-fault divorce. There are several advantages to having marital separation agreements. Marital separation agreements will give direction to future dealings with the other party, will provide the court information about the date of your separation, and provide a clear written account of the details of a divorce.
When one or both parties agrees on divorce, the petitioner is the one who files the petition for divorce. At this point, marital separation agreements may, or may not, have already been drawn up. During divorce proceedings, marital separation agreements will be attached to the documents presented to the court at the appropriate time. The role of marital separation agreements in the final divorce decree can vary by jurisdiction.
In general, marital separation agreements can be incorporated into a final divorce decree. If this is the case, the terms of marital separation agreements are legally enforceable. In an uncontested divorce, the courts will typically uphold marital separation agreements if they are deemed fair. It is also possible that the terms of marital separation agreements can be modified or nullified by court orders.
If marital separation agreements are not incorporated into the court's final divorce judgment, marital separation agreements become a written contract between the two parties. If the terms of these marital separation agreements are later violated, the offender may be sued for damages in a legal case. The terms of marital separation agreements are more easily enforceable, however, when they are incorporated into the legal divorce decree.
Marital separation agreements are legally binding for years to come, though they can be modified when both parties are in agreement and the court approves the alterations. When it comes to child custody or child support, the family court has the authority to change the terms of marital separation agreements at any point for any reason. The family court will always modify provisions to serve the best interests of the children involved.
If you are interested in learning more about marital separation agreements, please contact us to speak to a qualified and reputable attorney in your area. This legal expert can evaluate your case to determine how best to protect and maximize your legal interests.
If you are interested in learning more about marital separation agreements,
please contact us to speak to a qualified and reputable attorney in your area. This legal expert can evaluate your case to determine how best to protect and maximize your legal interests.
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