As part of the separation agreement, you and your spouse can decide on a number of important issues, such as child care. B and custody of spouses (dependants). As with other marital agreements, a written separation agreement clearly defines the rights and obligations of you and your spouse, both during and after separation. If one spouse does not meet the obligations of the separation agreement, the other spouse may enforce the separation agreement in court. If you do not sign a marriage (or post-uptiale) agreement, it is assumed that you have agreed to the formation of a “co-ownership”. Under this system, you and your partner`s assets and debts before marriage. You can deviate from this legislation by entering into other agreements in the form of a pre-marriage or post-verse agreement. Unless you have mixed or mixed your separated property with marital property, or the separate property is converted into matrimonial property, your separate property remains your property after the divorce, and therefore the separate property of your spouse. The court will confirm that your separated property belongs to you and that your spouse`s separate property belongs to your spouse. Couples preparing for divorce often use a separation agreement when they have already agreed on how to distribute their marital assets and custody of the children. More importantly, especially when there are minor children in marriage, a separation contract allows you and your spouse to prepare the details of custody and visitation in advance and to allow for child care and child care supplements (called add-ons) such as health insurance, education and child care. If you have a question about whether an asset is a common property, a separate property or a mixed property, also speak to a lawyer.

The same applies if you are not sure how a debt should be settled. Click here for help finding a lawyer. A separation agreement gives you the opportunity to solve problems, slowly and over time, without the pressure of a divorce action over your head. Once a divorce action has been initiated and included in the court calendar, you and your spouse must attend court conferences and meet certain deadlines. This pressure will be avoided if you sign a separation agreement. 3. The petitioner and the respondent were advised and advised by the lawyers of their choice with respect to their legal rights relating to this agreement. If you are divorced or legally separated, the court will decide how to distribute property purchased by spouses or partners at home during the marriage. If you first execute your marriage separation agreement, you do not have to file the agreement in the Court of Justice to be effective. When you begin the divorce proceedings, in most legal systems, you will attach the marital separation agreement to the claim and ask the court to translate the agreement into the final judicial decree, but not to accept it. If the separation agreement is inserted into the decree, it becomes a court order and is enforceable by the contempt powers of the court.

If you do not include it in the decree, it will simply become a contract between you and your spouse, which you will have to pursue later in a separate action to enforce it.