A separation agreement must be clear, reasonable, and legally sound to be valid in court.
While couples can draft their own separation agreement, it’s crucial to create a comprehensive and legally enforceable document. The agreement becomes a binding contract that courts will generally uphold, particularly regarding property division and spousal support arrangements.
To create a valid separation agreement, ensure it includes:
- Clear and specific terms regarding asset division, support payments, and parenting arrangements
- Fair and reasonable conditions that both parties can realistically fulfill
- Complete financial disclosure from both parties
- Proper legal language that leaves no room for misinterpretation
- Dated signatures from both parties, preferably witnessed
Since courts generally won’t modify agreed-upon terms for property division or spousal support, it’s essential to carefully consider all provisions before signing. Consider consulting a legal professional to review the final document to ensure it protects your interests.