Deciding to end a marriage is never easy. However, disagreements do not automatically disappear once a couple decides to divorce. Before they can finalize their divorce, spouses need to resolve a wide variety of marital issues. A negotiated separation agreement could help you and your soon-to-be-ex settle your marital differences in writing before your divorce case begins.
If you are facing the end of your marriage or need time apart from your spouse to work out your differences, consider entering into a separation agreement. A seasoned separation agreements lawyer in The Colony could help protect your rights in a well-crafted marital contract.
A separation agreement is a legally binding contract that helps a couple resolve their disagreements independently. Separation contracts can turn contentious separations into uncontested divorces, allowing couples to see eye to eye and avoid costly divorce litigation. Specifically, these agreements give separating couples greater control over how their property, assets, and debts are handled while they are living apart and can be used to determine asset division during divorce.
Separation contracts also often address either spouse’s right to receive alimony, as well as the duration and amount of support. If the couple has minor children, a separation agreement can set clear terms regarding each parent’s right to custody, visitation, and child support. Couples can negotiate the terms of their separation either before or after filing for divorce, but they sign the agreement before the divorce is finalized.
In cases where couples hope to reconcile their differences, separation is a great alternative to divorce, and a formal written agreement would help keep both parties’ assets, finances, and parental obligations organized and accounted for. Additionally, if there is a risk of either spouse breaching the terms of a verbal agreement, a written separation contract would give the other spouse grounds to take legal action against a violation of its terms.
Because separation agreements can legally bind parties for many years to come, it is essential to work with an experienced attorney serving The Colony as soon as possible in the legal process. A knowledgeable lawyer like Matt Towson could help ensure that the terms of a proposed separation agreement reflect the needs of their client. He would meet to discuss what is important to them and create a separation contract that respects their interests and protects their rights. If the parties cannot agree on the terms of a mutually agreeable separation, he would be ready and willing to litigate the matter in court.
If one of the parties to a legally binding separation agreement later decides that the contract is no longer in their best interests, an experienced local attorney could help them amend its terms. If both parties consent to the proposed changes, they can work with each other’s attorneys to facilitate the modification.
If the other side does not want to amend the agreement or disagrees with the proposed modifications, our hardworking attorney would fight to obtain a court order or promptly submit a counter-request for different changes. Texas courts are always willing to modify separation provisions regarding the custody and care of minor children, however.
Although divorces are never pleasant, they can be a lot easier and cause less stress when the parties agree on the terms in advance. A written separation contract indicates each party’s rights and obligations while apart and can be incorporated into a final divorce decree if deemed to be fair and enforceable by a divorce court judge. The terms of a separation agreement must leave no room for misunderstandings or miscommunications.
A compassionate separation agreements lawyer in The Colony could help you take full advantage of the opportunity to move away from your past and focus on your future. Meet with Attorney Matt Towson to discuss what you would like to include in your separation contract.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.