When negotiating your contract, you should be guided by how a court is likely to standardize your property, assign custody and custody, and deal with other matters. You can use a separation agreement if you and your ex-partner are considering divorce or breaking up your life partnership, but they have not decided to separate. Some people consider separation and divorce to be essentially the same, but there are differences between the two. While a separation may be the first step towards divorce, it is not a real divorce, and it is treated differently in court. Although a separation agreement is a legally binding contract, you would generally not have to go to court to conclude the agreement, because a separation is not something in which a judge must be involved in enforcing or governing the agreement. If you have not filed the separation agreement in court, you can simply amend the agreement by creating a new agreement and signing it with your spouse. If you have already initiated a formal divorce procedure, you can amend the separation agreement by amending it with judicial authorization. Send 3 copies of the petition to your nearest divorce centre and keep your own copy. When sending the form, you must attach a certified copy of your marriage or life partnership certificate. A separation without dissolution does not end a marriage or a life partnership – they are simply freed from the obligation to live together.
If you can agree on the amount and duration of spousal benefits, which is fair and appropriate for both parties, it is likely that the same support arrangements will be included in your divorce judgment. In a “fair state of distribution,” all property acquired during marriage is “marital property” and any property that presides over marriage is a “non-marital” property. Gifts or estates to one of the spouses during the marriage are non-marital property. If you and your ex-partner have already decided and agreed on what you want to include in your separation contract, you should ask your own lawyer to verify it and draft it as a legal document.