You do not need to draft a separation agreement before you get divorced, but some couples choose to do so. It is important to understand that a separation agreement does not end a marriage. It is a legal document that details the terms of temporary property division, alimony, and child custody and support. We will create an agreement that includes all of your assets, including financial accounts, retirement plans, real estate and personal property.

If you are considering a separation, we recommend having an experienced divorce attorney draft the agreement. Without this legally binding agreement, your rights may not be protected if you decide to divorce. The court will often use the terms of a separation agreement in divorce proceedings, except in matters of child custody and child support. These issues are not permanently binding in a separation agreement as the Court has the responsibility to consider the best interests of the minor children.

We can also draft separation agreements for people who wish to separate but remain legally married. This would essentially be a limited divorce.