In previous blog posts, we’ve discussed the benefits of separation agreements, and how they can affect the divorce procedure in New York. When you’re unsure whether you’re ready to go through with a full divorce, or you need to come to terms with your partner about your future before a divorce takes place, a separation agreement can be a useful process. Whether addressed as part of a divorce mediation process or negotiated between divorce attorneys, these agreements allow clients to lay out the details of their upcoming divorce as quickly and efficiently as possible.
If a couple negotiates a separation agreement and signs the appropriate documentation, they will have more options available to them in the future. For example, if a couple decides that they no longer want to get divorced and instead want to pursue opportunities to fix their relationships, they can simply nullify the separation agreement and go back to living together as normal. On the other hand, if the spouses involved in a separation agreement decide that they do need to get a full divorce, they will be able to apply for an uncontested divorce as all the issues were ostensibly settled in the separation agreement. This means that they won’t have to argue about issues like equitable distribution, child support, child custody and maintenance in court. Continue reading