Why Is Independent Legal Advice Important Before Signing a Separation Agreement?

By signing a separation agreement, you are agreeing to a legally enforceable agreement that specifies how specific issues in your relationship will be handled. Whether formed by a lawyer or not, such an agreement is legally binding. You may get caught up in the emotional elements of moving on, and without knowing the relevant legislation and your rights, duties, and entitlements may put you in a potentially dangerous legal position. If you find yourself in this position, you should carefully consider hiring a family law attorney that works in this field every day.

To Avoid Giving Up Your Legal Rights

Each party’s lawyer helps write a separation agreement or nowadays you can also download separation agreement template. The Separation Agreement may handle child custody, child support, property split, and debt problems. It’s possible that essential provisions are left out or needless clauses are included if you don’t utilize a tailored separation agreement prepared by your lawyer. Some parts of the agreement may be too unclear to execute or may need judicial interpretation. To prevent future disputes about the meaning of the contract, it is best to have it drafted by a lawyer from the start.

For example, a common provision in lawyer-prepared separation agreements requires an annual financial report. For example, personal tax reports, personal tax notices of assessments, financial statements, insurance statements, and company financial statements must be given to and from your ex-spouse. If either party’s financial situation changes, child support is typically modified. The change may be positive or negative.

To Avoid Giving More Than Is Legal

Your lawyer can assist safeguard your legal interests by ensuring a fair distribution of family property. Your lawyer may point out sentimental and commercial worth to assist you avoids emotionally charged choices. Based on your age and income, your ex-age spouse’s and income, the length of your cohabitation, the number of children, their ages and other factors, your lawyer will advise you on the suggested range for spousal and child support. Your lawyer will also consider adding a review date.

To Help You Get What You Want

Your lawyer may be able to assist you to accomplish or abandon elements of your divorce that are important to you. For example, if you are connected to a house or remain the principal residence, you may try buying out your ex-spouse.  You can also look for the agreement online as if you can download separation agreement template.

To Provide Enough Details/Implementation Procedures

You and your ex-spouse may agree on many points in theory but disagree on the specifics. A 50/50 parenting plan with your kid and alternating weekends may be agreed upon by you and your ex-spouse, but the specifics must be worked out. So, where will the exchanges be after school is out? How are holidays split up? If a parent cannot take the kid at the specified time, does the other parent have the first refusal, or may the child go to the grandparents? Can a parent make up missed time with their child? What if a parent wants to relocate? These are just a few examples of issues that should be addressed in a separation agreement to prevent future disputes.