What is a Separation Agreement?

Updated March 13, 2023.

A Separation Agreement is a written document, signed by both spouses, which establishes all of your marital rights and responsibilities as if you were divorced. The terms of this Agreement are negotiated and established by the spouses (usually with the assistance of their attorneys) and therefore judicial intervention is not required. The Agreement provides that, should the parties seek to be divorced at any time in the future, the terms of the Agreement will be the terms of the divorce. Consequently, once the parties have entered into a Separation Agreement, since all of the marital issues have been resolved, the divorce is substantially uncontested.


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