Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
The end of a marriage can be a difficult journey, and there are significant economic and personal issues that you will need to address before the divorce is final. Such as how to handle shared property, finances, debts, and custody. While you make your way through this challenging time, our compassionate team of Agoura Hills separation agreements lawyers could offer support and guidance.
Whether it is a trial separation before a divorce or a “legal separation” without divorce, a settlement agreement may govern your financial and parental rights. An attorney specializing in separation agreements could advocate for your best interests during this process.
A separation agreement is a legal contract governing the rights and responsibilities of spouses when they divorce. A valid agreement must be in writing, signed, and notarized, and there must be evidence of full disclosure of assets and liabilities by both parties. Additionally, each party must enter the agreement without coercion or duress. These agreements are generally incorporated into the final judgment of divorce. A lawyer in Agoura Hills who focuses on separation agreements could explain these legal requirements and help someone draft a fair contract.
Sometimes when couples decide to divorce, they often separate before the final judgment. Once parties file the formal request for divorce, they must wait at least six months before the final judgment. During this mandatory waiting period, spouses may want to settle the many issues involving the dissolution of a marriage. Some provisions that a separation contract may cover include:
Marriages can have a complex array of joint finances, and debt and courts are always vigilant about protecting the rights of children. Therefore, the transition into life after separation can be made easier with a thorough agreement, drafted with the help of an Agoura Hills lawyer.
State law allows couples to file for a “legal separation.” This means that they remain married but have agreed to terms while living separately. Couples address all issues as if they were getting a divorce, but they remain legally married. People may do this for religious reasons or to maintain health insurance coverage. A legal separation agreement would cover the same issues as a marital property settlement contract in a divorce.
Especially where children are involved, a couple may stay connected for decades. Over many years, circumstances and needs may change, and no matter how thorough the original agreement, modifications may be necessary. Even many years after separation, if a party proves a “material change in circumstances,” they may be able to amend their financial obligations, for instance, or even request a change in custody arrangements.
The court will look first at the original agreement for guidance on making a final decision. A lawyer Agoura Hills could help someone through the process of a requesting a modification to their separation agreement
The separation process can be long and frustrating without the proper legal guidance. Fortunately, our team of Agoura Hills separation agreement lawyers could help you through this process. While separation can be painful, a thorough contract can help protect your rights and future. Reach out today.
Hoffer Family Law Firm
