What Is The Path Towards Signing A Separation Agreement?
Negotiation: Both parties directly or their lawyers discuss and negotiate the terms of the separation agreement. This can also be done with the assistance of mediators or collaborative family law professionals.
Drafting the Agreement: Once the terms are agreed upon, a written separation agreement is drafted. This document should resolve all issues stemming from the parties’ separation.
Independent Legal Advice (ILA): It is highly recommended that both parties seek independent legal advice before signing the agreement. This ensures that each party fully understands their rights and obligations under the agreement and that the agreement is as strong as possible.
Review and Amendments: After receiving legal advice, the parties may need to make amendments to the agreement based on their lawyers’ feedback. This step may involve further negotiation.
Signing the Agreement: Once both parties are satisfied with the terms and have received independent legal advice, they sign the agreement.The process towards finalizing a separation agreement can be a winding path. Here at Sudano Law PC, we will guide you through the process and help you and your family move forward. The process is often as follows:
Filing with the Court (Optional): While not mandatory, parties may choose to file the separation agreement with the court to be turned into a court order or enforced as a court order.
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