California, like many states, recognizes a separation prior to a divorce. During the separation phase the couple will live apart, however they may also work towards reunification of the marriage in an attempt to resolve the conflicts and issues that have lead to the separation. In California a legal separation is not the same as a separation agreement and it is important for couples to understand the difference.
What Is A Separation Agreement?
Within the state of California a separation agreement is a written and signed legally binding agreement about all aspects of the separation. This includes issues of child support and visitation if there are children, property division, health insurance, repayment of debts and even management of assets, bank accounts and investments.
Unlike a legal separation which is only granted under specific situations in California, any couple that is separating and complete and file a separation agreement. The separation agreement can be used as a template for the final divorce settlement. The divorce can be filed after the mandatory six month waiting period required by the state.
In many cases a separation agreement is beneficial to a couple over a divorce or legal separation. This is true for health benefits and insurance which will still continue as if the couple were married, rather than as two single individuals. A separation agreement also limits your responsibility for the other spouse's debts that occur after the agreement is in place.
Negotiating An Agreement
For most couples without legal and financial expertise, negotiating a comprehensive settlement agreement is very difficult. However, having an attorney to represent your interests in a mediation or negotiation will ensure you get what you are entitled to from the assets you obtained as a couple. In some situations the couple is amicable to the settlement and property division, child support, debts, finances and other mutual interests are easily negotiated. In the vast majority of cases professionals are required to help the couple communicate, understand their legal rights and develop the settlement document.
Why You Need An Attorney
Even when the division of assets, liabilities and even time with the children is mutually agreed, having it in writing protects both individuals. A verbal agreement cannot be used in a court of law. Having a correctly worded and drafted separation agreement is important for your security. Working with a family law attorney that has experience in negotiating for his or her client as well as drafting the language for the agreement will give you peace of mind even if you choose not to divorce.
