Do You Need a Lawyer to Draft a Separation Agreement?

If you and your spouse have decided to separate without divorcing, you may think the process is simple. While it can be, drafting an agreement that is enforceable and serves your best legal interests is typically more complex.

While it is not an agreement settling a divorce, a separation agreement covers many of the same issues. Our team at Moskowitz Law Group can explain why you need a marital separation lawyer to draft your separation agreement.

What Does a Separation Agreement Entail?

Unlike some other states, there is no such thing as legal separation in New Jersey. Thus, separating from your spouse is not a distinct legal process with specific procedural rules. However, that does not mean that couples cannot create an enforceable written agreement that outlines the terms of their separation.

A separation agreement is legally binding when it is negotiated and drafted properly. A family court judge is likely to uphold the terms of a properly negotiated and drafted agreement if they are challenged in court. While the Court does not require you to hire a family law lawyer to prepare a separation agreement, it is certainly advisable to avoid mistakes that could impact the enforceability of the agreement or have negative long-term implications for you if the marriage ends in divorce.

Common Stipulations That Are Included in a Separation Agreement

You and your spouse can include a range of provisions in your separation agreement. These terms may specify child custody and financial support arrangements, as well as who is to maintain health insurance for your children. Couples who own a home together or have significant assets may also want to factor in stipulations regarding who is responsible for physically and financially maintaining marital assets, such as the marital home.

Allocating responsibility for paying down debts while you and your spouse live apart is another common consideration in many separation agreements. If you think you do not need a separation agreement attorney to draft your separation agreement, you may risk failing to address some key details.

Common Mistakes When Drafting Separation Agreements

If you are contemplating drafting your own separation agreement without a lawyer’s help, you must be aware of some of the common mistakes that individuals make when doing things themselves.

You want to avoid including vague provisions that are not enforceable by the court or those that fail to address future changes in circumstances. You also want to avoid terms that may prejudice your case if the marriage ends in divorce. You also want to ensure that there are no gaps in the agreement, leaving what you and your spouse are required to do in a specific scenario. It may also be difficult for some couples to keep emotions aside and reach a mutually beneficial agreement. That is why it may be a mistake to negotiate without the assistance of a legal advisor.

Talk to a Matrimonial Attorney on Whether You Should Draft Your Separation Agreement

Whether you want to preserve your marriage for religious reasons or you hope for a future reconciliation, you may be considering a separation agreement. Before you draft this separation agreement yourself, contact our family law attorneys at Moskowitz Law Group.

Emotions can easily lead you astray, and having an experienced matrimonial law attorney on your side can be invaluable. We can guide you so you can avoid common mistakes in do-it-yourself agreements. You can rely on our extensive experience to prepare a separation agreement that is enforceable, fair, and legally sound.