What Should You Include in a Separation Agreement?

Mediation

As a family law attorney and divorce mediator in New York and Long Island, Darren Shapiro helps clients to overcome complex issues in a number of different ways. For couples who are in a marriage that is no longer working, one option may be to engage in the process of negotiating and executing a separation agreement. Even if the couple in question decides that they don't want to go through with a divorce once their agreement has been drafted, the document itself can be very helpful for giving people the clarity they need in a complex relationship.

As Mr. Shapiro reminds his clients, separation agreements aren't mandatory for people who might be considering a divorce. However, these documents do provide peace of mind that if and when they are ready to divorce that their divorce should be uncontested. Couples regularly find that discussing the details of their relationship with a divorce mediator or divorce attorney can help them to reduce the unpredictability at the end of a marriage. Sometimes, separation agreements can even help to reduce the number of arguments that a couple deals with when they're trying to move onto the next stage of their lives.

Usually, separation agreements are helpful for custody and parenting time issues and in cases where the two parties contemplating divorce need additional help figuring out how their finances should be separated. For instance, if one person in the partnership has been responsible for raising the couple's children until now, they might not have been able to apply for a full-time job up until the present time. This could mean that the other person has been the wage earner, and they would also be the person more capable of supporting themselves at the end of a marriage for the time being. Darren Shapiro's clients often find it useful to determine things like equitable distribution, and whether there is going to a payment or waiver of spousal maintenance (spousal support) through a separation agreement.

Issues Covered by A Separation Agreement

Darren Shapiro's clients can benefit from using separation agreements in a range of different situations. For instance, some couples find that it's easier to start with a separation agreement if they haven't decided whether they're ready to fully dissolve their marriage yet. Discussing what life might be like after your relationship has ended can help you to visualize a future without your partner and determine whether it's right for you.

Usually, separation agreements can help couples to answer the complicated questions that arise when a couple is considering an end to their marriage. These agreements aren't just there to make sure that you know what you're going to do if your relationship is ended permanently. The documents can also encourage couples to think about things more seriously from a financial perspective. For instance, you may need to ask yourself who will be responsible for household bills, and how you're going to deal with things like assets and debts.

Divorce mediators and divorce lawyers like Darren Shapiro are available to ensure that the details of a separation agreement are ironed out carefully. Mr. Shapiro helps his clients to cover everything in their agreement that might contribute to their life after a divorce. This often means talking about things like child custody, who should be paying child support, and more. If support of any nature is required, then it's possible to discuss things like the kinds of expenses that need to be considered with a professional like Mr. Shapiro.

Remember, there is a degree of negotiation required within a separation agreement because both parties need to be able to agree to the outcomes outlined in the documents. Because Attorney Shapiro is also a certified mediator, he has plenty of experience dealing with collaborative discussions. Mr. Shapiro can also offer to negotiate with the other party's lawyer in a separation discussion that isn't managed through a mediation setting.

Drafting your Separation Agreement

Many couples working with Darren Shapiro on their separation agreement find that drafting these kinds of documents can help them to make the divorce process much simpler in the long-term. If a couple has already decided what's going to happen about their assets and debts before they take their divorce request to the courts, then there will be fewer issues to argue about. A separation agreement will also make it possible for clients to ask for an uncontested divorce.

Ultimately, separation agreements are intended to answer any of the questions you might have about the changes that might happen to your situation once your divorce is final. Though the issues covered in your agreement can vary, some of the most common matters covered include:

  • Child support agreements to maintain a child's quality of life
  • What kind of visitation rights will non-custodial parents get?
  • Will spousal or child support be necessary?
  • Who will have custody of the children?
  • What will happen to investment, stocks, and savings accounts?
  • Who will have ownership of the family home?

To learn more about separation agreements and how they can affect your divorce procedure, browse through the blogs and articles available on this website. You can also discuss your needs regarding separation agreements with Mr. Darren Shapiro himself, by arranging an initial consultation, up to the first half hour is free. Couples considering using the mediation process for their separation agreement or divorce are encouraged to come to the initial 30-minute meeting together.

You can get in touch to book your consultation or ask any questions you might have about divorce and separation through our online contact form. We're also available to chat on (516) 333-6555.

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