However, since you are still married, the court may ignore the content of a separation agreement or, from a legal point of view, place less emphasis on the fact that your circumstances changed considerably between the drafting of the separation agreement and the final divorce. For example, if one of you were to make a large sum of money, inheritance or bankruptcy. One of you may have a child who suddenly needs extra care, or you can no longer work. All of these factors could be examined to explain why a separation agreement may be amended at a later date. It is especially important to take legal advice from a lawyer when your separation causes problems, for example if one of you is much more prosperous than the other, or if your ex-partner is harassed or intimidating and puts you under pressure to sign an agreement. The negotiator can work with both of you to verify your agreement, make sure that you have taken into account everything the court would have said about you, and you can also ensure that you share all the assets as cheaply as possible. Any agreement you get can be written in a consent order, but we recommend using a lawyer to design your agreement. A separation agreement defines how a separating couple wants to share their assets. It includes the terms of separation and the basis for an approval agreement. It also describes the distribution of property as property, the persons who will begin divorce proceedings and the distribution of the costs of this procedure. If you do not have assets and current payments between you, apart from perhaps legal child support, you may feel that you do not need a consent order.
However, you should always consider getting one, as this is the only way to ensure a clean financial break between you two, so that neither of you can make a claim against the other in 5, 10 or even 20 years. This will help you understand your rights and the full impact of all the agreements and decisions you make. It will also ensure that any agreement is legally binding. Your financial agreement is legally binding only when your consent order is sealed by the court and your decree is absolutely finalized. If you have a Memorandum of Understanding, you can use it to show carriers, mortgage companies or financial advisors to your agreed intentions, but it is not legally binding per se. A clean-break approval decision will financially cut all current ties between you. In the absence of such an order, one of you could claim the other, even several years after the end of your divorce. Imagine winning the lottery, or a business growing that is going to be a success. In the absence of a clean agreement, your future assets could be claimed by your ex-spouse, even several years after the end of your divorce. A separation agreement is not legally necessary in the event of a separation or dissolution of a partnership.
However, it can be very helpful to agree on the distribution of your wealth before writing a consent form. If you decide to make your decisions through this separation agreement, you have an official document to which you can refer and you can help avoid disagreements in the future.