If you and your spouse have come to terms concerning the dissolution of your marriage, the terms of your agreement must be reduced to writing, typically called a “separation agreement,” so that the Court can accept your agreement and make it an order of the court. The separation agreement should contain each and every term to which you and your spouse agree as it will be the only document to reference if any issues arise in the future.
For example:
If you and your spouse have agreed that your spouse will retain your marital home, have you determined how/when your spouse will refinance the mortgage to get your name of of it, or if it will be sold, who determines if/when the listing price gets reduced?- What about when your spouse decides to vacate the marital home and not pay the mortgage, leaving you “on the hook” – what happens then?
- If you have children, what will happen if/when they go to college – who is responsible for what?
- If you will have pension benefits when you retire, how do you split those benefits when the benefits do not have a “value” today?
Those are just a handful of many, many questions that that commonly arise when drafting separation agreements. Failure to address these questions may result in needless headaches and, worse yet, thousands in legal fees to clear up what was supposed to be a cheap and easy agreement. Don’t put yourself in this situation – hire Attorney Raymond to help you draft a separation agreement that leaves you worry-free after your divorce.
