Divorce is a tedious process and a very sensitive issue for many families. So, many couples with marital conflicts choose to enter a separation agreement.
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What Is A Separation Agreement?
A separation agreement refers to a written document voluntarily signed by a married couple, which defines their assets and rights without court involvement. This legally-binding contract requires both parties’ consent, which sets each other’s rights and responsibilities, including financial and child support.
Most married couples enter a separation agreement while they’re apart to save a failing relationship. Others decide to use a separation agreement to gently shift to a peaceful divorce.
This article will explain how a separation agreement can lead to a peaceful divorce.
Makes Divorce Less Emotional And Traumatic
Divorce puts an end to a marriage. Hence, a divorce can be emotional and traumatic for married couples and their children.
Entering a separation agreement is less stressful than having a court case. Many couples formalize their legal separation through a negotiation or mediation process, in which they reach the fair terms of a separation agreement with the help of solicitors.
Some couples who enter a separation agreement usually want to provide their young children with a complete family until they reach the age when they can understand and process things. They want to make separation as gentle as possible to avoid negatively affecting their children’s health and well-being, especially those with special children and children with disabilities.
Helps Resolve Disputes
One important thing that couples need to know is that mediation isn’t marriage counseling. A separation agreement lawyer can help with the meditation process to help resolve disputes between two married people.
A separation agreement lawyer is specialized in handling negotiation and mediation. Separation agreement lawyers can act as collaborative practice lawyers to help both parties reach an agreement or one party’s solicitor in a negotiation or mediation.
Most often than not, many separating couples have long debates over child custody, property rights, and finances. Mediation comes into play, wherein a couple can amicably discuss these matters and formally have them written in a separation agreement.
The main issues that a separation agreement or deed of separation deals with include the ownership of the house, debt indemnity, child custody, taxes, succession rights, and living apart. Discussing and satisfactorily resolving all issues and disputes without heated arguments or physical violence can help save the relationship or lead to a peaceful divorce.
Helps Make A More Informed Decision
Before a separation agreement, both parties can consult a lawyer to determine its legalities, educating them about parental rights, child’s rights, and family law. For instance, legal separation still makes the marriage contract intact, so either party cannot marry another man or woman.
A separation agreement lawyer can suggest alternative divorce options that entail less financial and emotional burden. Knowing this information allows the couple to think about things over, such as how they’ll go about taking care of their children and asset sharing or division.
If the couple understands each other better, they can save their relationship or end their marriage through a peaceful divorce.
Provides Peace Of Mind
Most often than not, couples fight because of doubt, uncertainties, and mistrust. The unhealthy fights eventually become a cycle that needs to be stopped.
For this reason, many married couples undergo a separation agreement to gain peace of mind. For instance, one party might be depending financially on the other and wants to ensure equal division of assets to avoid bankruptcy after legal separation or a divorce case.
Signing a separation agreement with clearly and mutually defined terms assures both parties that nobody will turn against the terms. Furthermore, should the couple decide to end their marriage permanently, they’re more willing to do it amicably.
Makes Married But Separated Couples Become Friends
It’s not surprising to see many separated and divorced couples end up as good friends. A separation agreement helps clear complicated matters, providing each party enlightenment and time to heal.
Because of the agreement to live apart, people have grown more maturely to make major life decisions, such as keeping the marriage for the sake of their children or deciding to have a peaceful divorce.
Signing a separation agreement serves as a formal written agreement between two people bonded by marriage but choose to stay apart temporarily or permanently.
Moreover, this legal contract helps tackle unresolved marital issues and disputes more amicably. Instead of battling for a court case, many married couples choose a separation agreement because of its fewer negative impacts, eventually leading to fixing the marriage or a peaceful divorce.