Can I Draft My Own Separation Agreement?
Divorce carries a loss of obligations and rights from the moment the marriage began. Several issues are linked to the couple. It has to be established what will happen to them after the dissolution of the marriage.
But, can I draft my own separation agreement? Or, even more, should I? In the following lines, we will try to clarify the issues.
What Is The Separation Agreement?
The Separation Agreement is the document that sets out the pacts that the spouses reach after the relationship ends. It is marked how the relationship between the two members of the couple will be from. If this pact is to have legal validity, it must be approved by a judge.
It is mandatory to reach this agreement in all case
- If both spouses request the divorce, or
- If it is done by one of the parties with the consent of the other
Thus, even in consensual divorces, it is necessary to have this document present it to the judge and claim the divorce.
What Is Regulated In The Separation Agreement?
For a complete agreement, the following points must appear:
- Guardianship and custody of children. The children's care may fall to one of the parents, single-parent custody, or both, joint custody.
- Visiting schedule. It is necessary to establish the regime of communication and stay of the children with the parent. We meant the one who does not have custody of the children. The good of the children will always be kept in mind throughout the process.
- Use of the home and family furnishings. The attribution of the use of the family home must be decided. Also, all the material goods that have accumulated must be noted.
- Contribution to the burdens of marriage. The contribution of both spouses to the support of family responsibilities is established.
- Economic matrimonial regime. If it is a question of a married couple in a community property regime, the partnership must be liquidated.
- Compensatory pension. In some cases, one of the spouses must compensate the other for the divorce's financial loss.
Can I Draft My Own Separation Agreement?
It is possible to draft one's separation agreement. With the consent of the partner, you can prepare the agreement.
You can draft it on your own, too but remember, it won't be valid if your partner disagrees with it. Because the separation agreement needs the signature of both the spouse.
But the important question is, should you? We say you shouldn't.
Let us elaborate. A separation agreement is a contract.
This means that you can take steps to "force" the other party to honor the agreement you have made - and vice versa. If you don't respect the agreement, your ex-spouse can sue you in court. Signing a separation agreement is a very important act. Your decisions today can affect you and your children for the rest of your life.
It is essential to understand all of the terms of the separation agreement before signing it.
This is why we believe drafting the agreement by a lawyer will be far better than doing it yourself.
Advice When Drafting the Regulatory Agreement
Most couples don't give this document the importance it deserves. Keep in mind that its effects extend over a long period. For example, suppose a maintenance pension is established. You could be obliged to pay it for 18 or 19 years if the obligee is still a baby.
At the same time, it is no less relevant how elements such are regulated. For example, custody (some phases of the life of your children are very conflictive). Or the contribution to the burdens of marriage.
Can you change a separation agreement?
Yes. If you get along with your ex-spouse, you can change your separation agreement in writing. The second chord will then replace the first split chord.
If you can't agree with your ex-spouse on the changes, you can go to court. The court will modify or terminate the separation agreement. If you have children, the court takes the child's best interests into account when making its decision.
Now you know the main issues related to the separation agreement. It is certainly not easy to end a relationship. But the good disposition of both spouses is key to making the process as painless as possible.
Can I draft my own separation agreement? Yes, but the help of professionals is essential. It will help you so that the love and commitment that has existed in your union does not turn into negative feelings.