Divorce Separation Agreements
When a marriage breaks up in New York, in some cases a divorce cannot be sought immediately. Instead the former couple must first enter into a separation agreement. This is a very formal and important process, which lays the ground work for the final divorce.
Divorce separation agreements must be negotiated with the same careful attention to detail and expert advice as a divorce settlement. For this agreement to be valid, both parties have to agree to separate from each other permanently. They must live separately for the rest of their lives and to all intents and purposes, once the separation agreement has been filed the marriage is essentially terminated.
As a result of this, it is important that divorce separation agreements cover all of the points that would be expected to be included in the final divorce settlement. Any joint assets should be divided according to this agreement, and any issues relating to children in the relationship should be decided at this stage. Child support, custody and other expenses relating to the upbringing of each child should be incoporated into the separation agreement.
The separation agreement should cover in detail the division of property and assets, as well as any claims by either party to future earnings. It is extremely important that this agreement be dealt with and processed properly by experienced legal professionals, as it is this contract that acts as the first step in a divorce. If errors are made at this stage, it can cause problems at a later date.
In New York, the divorcing couple must usually live apart for a period of one year after the separation agreement has been filed before a "no-fault" divorce will be granted. This is generally a straightforward process, as long as it is clear that all aspects of the divorce separation agreement have been upheld. It is vitally important however that this agreement be properly negotiated and complied. Our experienced low cost divorce lawyers in New York have submitted these applications many times over and will work to get the best result for you.