What is the Need for a Marital Separation Agreement?

What is the Need for a Marital Separation Agreement?

Are you planning to go separate ways from your spouse? In that case, it will be better for you to opt for marital separation. This is a state of separation from your spouse in case you find that some differences have cropped up between the two of you which makes it impossible to live with each other, at least from the time being.

While many people think of making a verbal agreement and staying apart from each other as an estranged couple, it is better to have it all in a written form – which is recognized as legally binding agreement by the court of law. This is known as a Marital Separation Agreement. A Marital Separation Agreement in NC can be useful in many ways for all those spouses who are trying to go their separate ways.

What exactly is a Marital Separation Agreement?

A Marital Separation Agreement is a legal document that outlines the terms of the divorce between two spouses. This type of agreement is used to divide assets and liabilities, child custody, and spousal support. A marital separation agreement may be drafted by a lawyer or an attorney who specializes in family law.

A marital separation agreement template can easily be found online at any of the legal forms and documents websites where templates of legal documents can be found easily for free, or at a nominal cost. This kind of template can be downloaded and customized for specific requirements.

Legal Separation in Georgia | Family Matters Law

How can a Marital Separation Agreement help you?

In many cases, this kind of an agreement can make it easier for you and your spouse to get a divorce. A judge finds it easier to issue a divorce decree when he finds this kind of an agreement already being present and abided by.

The final judgment of divorce is called a decree. This is the official order of the court that ends the marriage. The judge issues this decree after hearing testimony from both parties and reviewing evidence submitted by the couple.

It can also help a spouse get the custody of a child born out of the relationship between the couple during the state of marriage.

Child custody refers to the decision made by a judge regarding where children live after their parents separate. There are different types of custody arrangements including sole custody, joint custody, primary custody, secondary custody, and shared parenting.

Finally, marital separation agreement can also be useful in obtaining Spousal Support.
Spousal support is financial assistance given to a spouse who cannot maintain themselves financially. This may be paid directly to the person or they may receive it through the state.

Conclusion

Overall, there are plenty of benefits of having a duly signed Marital Separation Agreement in place. It must be constructed in a proper way, in order to be legally binding and valid. Spouses can find it much easier to keep their mental peace intact and be able to go about their normal lifestyle without worrying about the impact of the broken marital relationship on their life and livelihood.

Author: Troy Metzinger