What Must We Include in Our Separation Agreement?
A separation agreement is a document that outlines the terms and conditions of your divorce.
You must include several things in your agreement, and these will depend on the specific issues at stake in your divorce. Some of the elements you may need to include in your agreement include:
- How you will divide your property and debts
- What is to be done with the family home
- How you will share parenting responsibilities
- Who your child will live with
- When and where your child will spend time with the other parent
- How much, if any, child support and alimony will be needed
- Who will get the tax credits
You may need to include other things depending on your case. If you and your spouse can draft a separation agreement that is fair and reasonable, you can submit it for a judge to review.
Drafting a separation agreement is challenging. There are a lot of details that need to be considered. It is an extensive document and one you may need help on. An experienced divorce mediator can assist you and your spouse with crafting a separation agreement that is comprehensive. Mediation is a good approach to negotiating a separation agreement because it leaves much of the control in your hands, allowing you and your spouse to figure out what is right for you both without the intervention of a judge. You and your spouse can better tailor the terms of your divorce to your specific needs, as long as they are fair and not agreed to under duress.
Consult with a skilled Massachusetts divorce mediator if you have questions about what must be included in your separation agreement. It is a very important document that is legally enforceable once signed by a judge.
Because it can have long-lasting repercussions, you should always consult with a mediator before you and your spouse attempt to draft it. Massachusetts family law statutes can be complex, and there may be many requirements you need to meet in your agreement. A mediator can assist you with drafting a fair separation agreement while following the guidelines of the court.
If you have questions about how to draft a separation agreement, contact Mediation Advantage Services for experienced family law help.
Based in historic Worcester, our firm serves all cities and towns throughout Massachusetts and Worcester County including, Auburn, Paxton, Leicester, Sutton, Grafton, Shrewsbury, Westboro, Northboro, Southboro, Holden, Sterling, Princeton, Worcester, Charlton, Millbury, Dudley, Spencer, Brookfield, Sudbury, Natick, Framingham, Hopkinton, Milford, Blackstone, Leominster, Fitchburg, Acton, Jefferson, Barre, Oakham, Cambridge, Newton, Marlboro, Lancaster, Bolton, and Hudson. Call our office at (508) 795-1557, fill out our online form, or email us at [email protected] today to schedule your Complimentary Mediation Success Planning Session. You can also sign up for our eNewsletter or download our free guide for more information regarding divorce in Massachusetts.