INTRODUCTION: As a service for our legal counsel clients, we have prepared this handout with frequently asked questions regarding separation agreements. It is of course very general, as no prospectus can answer your specific questions. However, we ask you to read these questions and answers carefully regarding your visit to our lawyers, so that you have the most comprehensive information available to help you solve your family law problem. Comments, corrections and suggestions for this pamphlet should be sent to the address at the end of the last page. one. In most countries, judges cannot order you to pay child`s child`s benefit at university. However, they can make arrangements for the university in a separation agreement, and these are mandatory and enforceable; the court can ask them that each of you keep the promises you made in the agreement. Since college is less of a luxury and more of a necessity these days, it would be a good idea to check if you want to provide written college fees in your separation contract. one.
No law requires a separation couple to implement a separation agreement, but it is a smart idea when there are debts, children, support rights or property and the parties want to settle these issues in writing with binding and enforceable promises. If the separation agreement is not included in a court decision or does not participate, it is binding and cannot be billed for your “adult promises” except with the consent of your spouse. If you can agree on the amount and duration of spousal benefits, which is fair and appropriate for both parties, it is likely that the same support arrangements will be included in your divorce judgment. one. While separation agreements generally contain a non-harassment clause, you must understand that no piece of paper, whether it is an agreement or a court decision, will prevent a person from doing what they want to do. If it is physical violence, a court decision would be preferable to a separation agreement and could be used to punish the perpetrator if he violates the order. If there is only one agreement, a breach of contract complaint is a possible way to break the promise not to harass each other, but it cannot be a very effective remedy. one. There is no way to answer this question without knowing the state or country involved. While a separation agreement is not a divorce and does not make you “single again,” it can make your divorce faster or easier in some states, and it can have no impact on the divorce process in other places. If you tell your legal lawyer where your home is, as well as your spouse`s, we can check the laws of those jurisdictions to tell you the reasons for the divorce and whether a separation agreement would help you get a divorce there. one.
The distribution of pension rights into a separation agreement can be done in two ways: a compensation of cash value or a future percentage of payments. The first involves calculating the current value of the pension and compensating (or negotiating) the value of another asset, such as the other spouse`s pension or marital residence. The second approach delays the allocation until the active spouse begins to collect pensions. On that date, the other spouse would receive a share of each cheque equal to half (or another percentage) of the share acquired during the marriage. one. Here are some of the points that will deal with a good separation agreement: A. Yes. A couple who separates may, in their separation contract, agree on a division of ownership and this agreement will bind them. The property to be shared consists of real estate (land and buildings on which), private property (for example. B cars, jewellery and furniture) and intangible personal property (such as bank accounts, shares and bonds, free movement annuities and life insurance).