Whether a couple wishes to separate as a step toward divorce, or just to get some space apart, creating a legally binding contract that each spouse can rely upon may be helpful toward providing certainty for the future. If you are looking to initiate a separation or merely want to discuss your legal options, an Atlanta separation agreements lawyer could help.
A skilled and compassionate family attorney could help with drafting a separation agreement that works for you and your spouse, as well as one that could be considered legally binding within the court system. Before initiating a contract, however, it is important to understand the purpose, scope, and limitations of separation agreements.
A separation agreement aims to allow spouses to legally outline their rights and obligations to one another, even as their lives diverge. With a binding agreement in place, each spouse can hypothetically move forward with their lives with the certainty that the other spouse will fulfill their contractual obligations.
If these obligations are not met, a person risks a court order. Due to the serious nature of these agreements, it is important that both parties understand the ins and outs of their specific contract—and what it means for their future—before proceeding.
Essentially, only a legally-enforceable contract will withstand any challenge made by a court. Therefore, making sure that a separation agreement is enforceable, and binding is arguably the most important element of creating a contract.
Generally, courts will void a separation agreement if it is determined to be the result of coercion or duress. However, an agreement may also be rejected if its terms are considered unconscionable. An Atlanta separation agreements lawyer can work to forge a contract that is binding and enforceable in court.
If a legal separation leads to divorce filings, the terms of that agreement could be used to resolve outlined issue within the divorce, as well. For example, if a binding separation agreement lays out the terms of alimony for a couple’s post-divorce future, divorce courts will consider these terms and use them as a part of the final divorce order.
Merging this agreement into the divorce decree is an important benefit of crafting a workable separation agreement. By agreeing to these otherwise contentious issues outside of the courtroom, the length and cost of the divorce process may be drastically reduced.
If you and your spouse are in the middle of a separation or are facing the possibility of one, creating a separation agreement may add stability and some form of certainty to your life. A well-practiced Atlanta separation agreements lawyer could help with each step.
By solidifying your rights and responsibilities to each other, a binding agreement may help put your mind at ease. Furthermore, if a separation leads to a divorce, the promises made during an agreement may help to expedite and clarify the divorce proceedings. Call a dedicated attorney to discuss building a separation agreement today.