It is especially important to take legal advice from a lawyer when your separation causes problems, for example if one of you is much more prosperous than the other, or if your ex-partner is harassed or intimidating and puts you under pressure to sign an agreement. A marriage separation contract, also known as a real estate transaction contract, is a written contract that separates your property, shares your rights and solves problems such as support and custody. A separation agreement can be reached before or after the divorce, even if you and your spouse are still alive. The court can only impose an agreement if you have filed it in court. You can file the agreement in court at any time, but it is a good idea to submit it shortly after signing. This gives you one less thing to worry about if you need the court to impose it. both have been open and honest about your finances, have taken independent legal advice on the agreement and have taken various guarantees, it might be difficult for you to argue in court that you should not comply with it. In order for a separation agreement not to be called into question, you and your ex-partner must be open about your finances. It is called “financial disclosure.” Yes, they can do so if they are properly established with independent legal advice on both sides. The weight they place in court depends on the content of the agreement and the circumstances in which they were concluded, which we discuss later. The court could not maintain a separation agreement if: is the agreement unfair? For example, did a spouse disclose financial information (neither intentionally nor by chance) or did he exploit the other spouse in one way or another? Or didn`t a spouse understand what he signed? Remember also: you and your spouse must have lived apart for at least one year and have complied with the terms of your separation contract before submitting a transformation decision. When negotiating your contract, you should be guided by how a court is likely to standardize your property, assign custody and custody, and deal with other matters.
Technically, no. Although the separation agreement may constitute a formal legal document, it is not technically legally binding when properly established by experienced lawyers. A separation agreement is not a court decision and the court is generally not involved in the establishment. But it is a contract – so it can be challenged in court in the same way as any other treaty. That is why it is important that it is properly written by a lawyer. To help you prepare a lawyer on a separation agreement, you will find a list of questions that a lawyer will probably ask you about. Consider each subject carefully: a separation agreement gives you the opportunity to solve problems, slowly and over time, without the pressure of a divorce action over your head. Once a divorce action has been initiated and included in the court calendar, you and your spouse must attend court conferences and meet certain deadlines. This pressure will be avoided if you sign a separation agreement.