Separation Agreement

[NewYorker]

Sorry I am not used to asking questions on these things.

My husband has given me a "Legal Separation Agreement" to sign.

It looks straight forward and lists all of the things I want him to pay for, but if I sign this, will he be obligated to continue with it until our divorce is finally approved? and is it really legal?.

Would love some advice or feedback.

Thanks

[Brian Hetherington]

Hi NewYorker:

There simply is no such thing as a legal separation that will continue until you are through all stages of a divorce agreement unless you both agree and continue with all of the provisos in the document.

A "Legal Separation Agreement" is basically something that you and your spouse have agreed to do based on the present known circumstances and documented in the agreement. Unfortunately, anything can (and often does) interfere in the process and can make the agreement simply invalid.

Just the term "agreement" means something that you two have agreed to do...does not mean that you will always do.

However, I always advise my clients to proceed with a separation agreement as long as all of your (and your spouses) needs are met. If you both can work out a satisfactory arrangement then do it.

Courts always look favorably on those that have at least tried to formulate an agreement that works for both of them.

Brian Heatherington