A news item on the internet states that the divorce between Minnesota businessman Denny Hecker and his wife Tamitha Dawn has been finalized. The decision for dissolution of marriage has come after a long divorce battle. However, if the couples decide, there is no need to go through prolonged legal proceedings to get divorce. Couples can solve their divorce disputes without going to court by signing a separation agreement, drafted with the approval of both husband and wife.
Usually, a marital separation agreement is an outcome of extensive negotiations and discussions between the couples with the help of their lawyers. Sometimes, the couple may even need mediation of a third party to settle very sensitive issues like child custody and support.
To create an amicable agreement, both husband and wife should be willing to talk each other without any hostility. They should discuss openly what they want and how much they can adjust. Only through open and clear discussions, the couples can resolve their problems. They should also respect and compromise with each other’s opinions. The terms or provisions of separation agreement should be fair and agreeable by both couples. Marital separation agreements can cover all the matters related with divorce.
The most important matter that has to include in the separation agreement is the settlement about child custody and visitation rights. There are different kinds of parenting arrangements. Couples should discuss and decide which one is most suitable for their children. Sometimes, the parent who is going to get the custody of children may in need of financial support from the other. Provisions for child support can be included in the separation agreement.
A separation agreement can also resolve problems related with distribution of marital property. It should be clearly mentioned in the agreement who is going to get the house and who has to pay the mortgages on house and other debts. Separation agreement should also cover other financial issues like division of movable and immovable properties.
Validity period of separation agreement can be decided by the couples. Most of the agreements are valid for the entire life. If they want, couples can stipulate a certain period for the agreement.
The cost for separation agreement is much less than the cost for court proceedings and may be little higher than the cost for uncontested divorce. In an uncontested divorce, the role of lawyer is very minimal. For drafting separation agreement, the couples have to hire separate family lawyers. Hence, the expenses for drafting an agreement may be higher than an uncontested divorce.
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