What is a separation agreement? A separation agreement is a contract between a husband and wife that sets out the terms of their separation. A separation agreement helps ensure that all property and debts are divided in a manner fitting to the divorcing parties.
Separation agreements are advantageous for many reasons. The primary advantage of a separation agreement is that the parties may negotiate the terms of the agreement without having the courts involved. This gives the parties more control in making an arrangement that works best for them and keeps the matter from becoming public record. Separation agreements also tend to be quicker and less expensive than litigation.
One disadvantage is enforceability. A separation agreement, as long as it isn’t incorporated as part of the divorce decree, is a contract between the parties, not a court order. To enforce a separation agreement, a party would have to bring an action for breach of contract. Breach of contract lawsuits may be lengthy and expensive. A court order, conversely, is enforceable through the power of contempt. Contempt actions tend to be easier to bring than breach of contract actions.
If you need legal advice concerning separation agreements and the divorce process, please contact Adkins Law to arrange a consultation with a divorce attorney. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.