A thoughtfully crafted separation agreement should address all of the issues stemming from your separation and proactively consider a wide range of potential life changes that may unfold over time. It is of paramount importance to grasp that a separation agreement you establish during the early stages of separation should be a durable solution, designed to meet the needs and expectations of all parties involved for the long haul. It’s crucial that everyone involved is content with the agreement and has a vested interest in its successful implementation. At Sudano Law PC, our team is here to ensure that your objectives are met and that the final agreement captures everything that is important for you and your family.
What Is The Path Towards Signing A Separation 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. Signing the Agreement: Once both parties are satisfied with the terms and have received independent legal advice, they sign the agreement.
6. 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.
Can I Draft A Separation Agreement Without A Lawyer?
Yes, you can draft a separation agreement yourself. However, we would highly advise against that.
Often people draft documents themselves in handwriting or using software online. While well meaning, an improperly drafted or incomplete agreement can cause more problems in the future than not having an agreement at all. In our experience it is always best to get the assistance of a lawyer to construct an agreement that meets your family’s needs. We are confident that we can help you draft an agreement that will help you and your family move forward.
Can A Signed Separation Agreement Be Changed?
A signed separation agreement can be changed in the future, especially if both parties consent to the change. It would then require the signature of both parties involved in an amending agreement.
If the parties do not agree to the proposed change, one party can go to Court and ask the Court to vary the terms of the separation agreement if there was a material change in circumstances since the agreement was signed.
If you are considering drafting or amending a separation agreement, contact Sudano Law PC at 647-880-5832 or by email. We can help save you time and headaches to help you and your family move forward.
