Out of Court Separation Agreement: The Benefits and How to Draft One
When a couple decides to end their marriage or domestic partnership, one viable option to consider is an out of court separation agreement. This type of agreement, also known as a marital settlement agreement or a property settlement agreement, allows the parties to negotiate and settle their disputes outside of court. This approach can be less expensive, less time-consuming, and less emotionally draining than going to court. In addition, it gives the parties more control over the outcome of their case.
Benefits of an Out of Court Separation Agreement
1. Customization: Unlike a court ruling, a separation agreement can be tailored to the needs and desires of the parties involved. This means that the parties can agree on terms for child custody, child support, spousal support, and property division that work for them.
2. Privacy: Court documents are generally public record, which means that anyone can access them. In contrast, an out of court separation agreement is private and confidential. This can be beneficial for couples who value their privacy.
3. Cost-efficiency: Going to court can be expensive, especially if multiple hearings are required. An out of court separation agreement can save both parties money by avoiding court fees, attorney fees, and other costs associated with litigation.
4. Time-saving: Going to court can take months or even years to finalize a divorce or separation. An out of court separation agreement can be completed and signed much more quickly.
How to Draft an Out of Court Separation Agreement
1. Discuss the terms: The first step in drafting an out of court separation agreement is for both parties to discuss and agree on the terms of the agreement. This can include child custody, child support, spousal support, property division, and any other relevant issues.
2. Seek legal advice: Once the parties have agreed on the terms of the agreement, it is a good idea to seek legal advice from a trusted attorney. A skilled attorney can provide guidance on the enforceability of the agreement and can help ensure that the agreement is fair and equitable.
3. Write the agreement: The next step is to write the actual agreement. The agreement should be clear, concise, and free from ambiguity. It should also be written in a way that both parties can understand.
4. Review and sign: After the agreement has been written, both parties should review it carefully. Once they are satisfied with the terms, both parties should sign and date the agreement in the presence of a notary.
Conclusion
An out of court separation agreement can be a beneficial way for a couple to end their marriage or domestic partnership. It allows them to customize the terms of their separation, keep their personal affairs private, and save time and money. If you are considering an out of court separation agreement, it is important to seek legal advice and to ensure that the agreement is clear, concise, and equitable.