Common Mistakes In Separation Agreements

You or your partner may be keen to move once you`ve made the decision to separate, but it`s actually best to stay in place – move into a room or cellar if necessary – until you have a separation agreement or court order, especially if you expect to assert shared custody. “The exit jeopardizes your position because the courts usually try to maintain a status quo,” Nussbaum says, meaning that if you leave and only see your children on weekends and the kids are fine, the courts may be reluctant to change these parental leave and custody regulations. Divorce mistake #2: Trying to make a separation agreement without legal advice When couples prepare their own separation agreement, they often make big mistakes that a lawyer could identify quickly. Here are three common mistakes I see in agreements prepared by individuals without the help of an experienced lawyer. Unfortunately, this is very common. The parties believe that any divorce is the same. If you rely on the legal advice of your friends and family who may have divorced, it can lead to unrealistic expectations and inaccurate information. While friends and family are a tremendous source of emotional support, they are not lawyers. It looks like a scene from a movie, but it`s actually a fairly common scenario: furious and angry, one half of a couple seems to get out of the other half, then sell their car or empty the bank account for personal shopping.

Don`t do it, Nussbaum said, otherwise you could push back half of it to the end. “You may think these new purchases are safe because they are your personal belongings, but the court may consider your actions suspicious and decide that you acted inappropriately,” he says. It is likely that they will be ordered to pay compensation at a later date. Don`t fall into the trap of thinking that you can prepare your own separation agreement and that everything will be fine. Before you sign a document that will have a long-term impact on your life, be sure to have it checked at least by an experienced lawyer. Contact me today at 757-320-2010 and I will meet with you either to draft a full separation agreement or to verify an agreement you had already prepared. You`re wise to look beyond the limits of the plate, but make sure you have all the information you need before you fall head first into a decision. Take the time to do the research, ask the right questions, and make sure you take all the necessary steps to protect yourself. Don`t make these three mistakes that women make when designing separation agreements. You`re smarter than that. Whether you`re doing it alone or commissioning a lawyer to do it for you, make sure your deal is almost perfect before you sign.

Later, there will be no turning back! If you don`t know anything about the law, it`s quite possible that you might, without knowing it, write an agreement for yourself that is worse than what your husband`s lawyer would present to you. The law is complicated, complex and constantly changing. It`s also incredibly state-specific. This makes it difficult for people who don`t practice the right every day to see what is worth arguing or negotiating, and what is simply not worth it. They don`t know what a judge would forgive and what is not even possible. I hate to see people giving up things that a judge would never give up. If you don`t know what your rights are, you`re just not ready to start negotiations.


Comments are closed.