Many couples experience marital difficulties and, despite deciding to separate, are not prepared to proceed with a divorce.
Often, they are seeking time and space to work through these difficulties in the hope of reconciliation. To assure their rights are protected in the event of a subsequent divorce, a written separation agreement is advisable. This document is a formal written agreement or contract between the parties outlining the personal and financial terms of their separation. Such an agreement often incorporates provisions regarding child custody, parenting time, spousal and child support, and distribution of assets and liabilities.
A separation agreement is not filed with the court, but is a formal contract between the parties. In the event the parties reconcile, the separation agreement can merely be voided and the parties can resume their marital relationship.