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What is a Marital Separation Agreement?


A marital separation agreement is often called a property settlement agreement. This is a agreement that you and your soon to be ex-spouse write down that divides the property you have accumulated during your marriage. A divorce lawyer should be involved when this agreement is drawn up to ensure your best interests are being met.

All issues that you wish to make a legal contract during your divorce such as which person gets the sterling silver, the truck, the car, the fishing equipment, child custody, alimony payments, and whatever else you can agree to divide. A skilled divorce lawyer should be hired to make this move smooth and successful.

A marital separation agreement can be written at any time - during your marriage, prior to filing for divorce, or during the divorce proceeding. A few of the major issues that often seen in a marital separation agreement include visitation, child support payments, division of debts, property division, health insurance, who will remain in the home or if the home will be sold, pension plans, tax issues, and even problems that you see might arise at a later date.

Not all couples can sit down in the middle of their divorce and discuss the division of the property or the custody of the children without a huge battle. In many cases, the couple will need a negotiator such as a mediator or their divorce attorneys to help them with these decisions. If the couple cannot agree on a division of property, the court will decide. This can often be a bad thing if both of you have items you wish to keep and now due to the disagreement, the items would have to be sold and the money divided and you will have to pay your spouse for the item in many cases.

It is always in your best interest to talk with a qualified divorce lawyer to ensure your rights are not violated while making the decisions on the division of property especially in the case where a spouse has been cruel or abusive.
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