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When a marriage reaches to the point that the couple can no longer stay together, it is wise for the pair to draft a separation agreement. This is a printed document in which the two agree upon on how they aim to stay once they stop living like one. The document describes how they resolve issues like alimony, child custody, child support, property, debts, and any other issue they may have.
A prenuptial agreement is different from separation or divorce agreements. A prenuptial contract makes a couple concur on the above issues before getting married. The spouse with a lot of money or assets than the other is protected by the prenuptial from losing his or her property in the divorce. On the other hand, a divorce consensus is a printed court order signed by the spouses in agreement on the said issues.
Even though it is not an official document, it is prudent the couple seek out the advice of a lawyer when preparing the document. It is best to consult with a dependable San Diego family law attorney before making any important decisions. As a third party, a lawyer will assist the couple to come to an acceptable consensus. They can get another lawyer for further counsel, or either of they can have a lawyer each.
In the duration of the marriage, there is a lot that a couple acquires. The most significant are the kids, the properties, and the money. Entering into a consensus on who to own what will make the sharing easier. This is for a reason that;
The kids need the care and love of both parents. The document shows who of they will take care of the children. Visitation rights are agreed upon for the one who does not get custody. They must be in consensus about how their children will be fed and clothed. They have to agree how their children will study. They have to decide the schools their children will go to and who will be taking care of the fees.
They must decide who stays in the house they are presently living in or any other house they own. They decide on who owns what in the company or business that they have. The vehicles or any land in their possession will also have to be agreed upon. It is only reasonable that they divide these assets equally as they acquired them while they were together.
Of utmost importance is the finance issue. The separation consensus will obligate any of the couples to sustain the other economically. The sustenance mostly includes alimony and child support. One of the couples may be way financially capable than the other, he or she ought to support the kids and the guardian for the time they agree to be separated. Debts such as car loans and mortgages are but a few of the debts they have to sort out.
Neither of the spouses should get to suffer the consequences of the separation unaided. The separation agreement also looks after the interests of the children. The costs of a legal agreement are reduced together with allowing one of the couples sues the other in case he or she dishonors the agreement.