Separation and Separation Agreements
Separation is often mistakenly interchanged with the term divorce. Legally, separation and divorce mean two different things. A couple that separate remain married, until further action is taken. It is not necessary for this couple to ever actually divorce, unless they wish to remarry or have their own personal reasons. In contrast, after a couple is divorced, they are no longer married.
According to section 54 of the Family Law Act, two persons who cohabited and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations including; ownership and division of property, support obligations, the right to direct the education and moral training of their children and other matters in the settlement of their affairs.
In simple terms, legal separation is the state of affairs when you and your spouse have no hope of reconciling and continuing your relationship.
When facing a separation you should be aware of your rights, responsibilities and optional strategies before you make permanent decisions. Signing a separation agreement is a very important step and your decisions now can affect you and your children for the rest of your lives. A separation agreement is a legal and binding contract that you must honor.
Gelman & Associates family law firm understands separations, your legal rights, and what steps are necessary to best protect your interests. Separations can get complicated and emotional as assets are divided, support is addressed and issues surrounding the children arise. Having the right legal counsel by your side will help you make the best decisions. Contact one of our family lawyers to speak to them regarding your separation. We want to be by your side during your time of difficulty.