Separation Agreements

When parties separate, they can negotiate and agree upon the terms of the separation.  This process may avoid a court proceeding.  Of course, if there is a comprehensive marriage contract, then a separation agreement simply mirrors it.  If a court proceeding has been commenced, and later the parties negotiate and agree upon the terms of separation, then a separation agreement can be drafted.

Depending upon the circumstances of the parties, separation agreements should deal with all issues between the parties including property division, spousal and child support,  custody and the  parenting schedule.

Negotiating a separation agreement is based upon full and open financial disclosure by both parties, and when there are children involved, an honest analysis of the best interests of the children.  Often we must consult with experts such as accountants, property valuators, and parenting co-ordinators and other neutral third parties to establish certain facts, or assist in reaching an agreement.

If negotiations fail, and no separation agreement is reached, the parties may proceed to court to have a judge determine the terms of separation.