Why You Need an Attorney when Drafting Post Separation Agreements

A separation agreement is used to address issues that pop up when a couple decides to separate. No two cases are alike, so the issues addressed in separation agreements vary from case to case.

If a couple decides to get a divorce, a properly drafted separation agreement can help reduce the stress. It also addresses the necessary issues, so a judge isn’t left to decide. An attorney can make sure your separation agreement covers all the bases.

Chester County, PA Attorney for Separation Agreement

Lee Ciccarelli and his team have over three decades of experience representing clients in the divorce and separation process. They take pride in providing counsel that is aggressive, ethical and reliable.

Drafting a separation agreement on your own can quickly become complicated. By allowing an attorney to guide you through the process, you can rest assured that all necessary issues are covered.

Call (610) 692-8700 or send an online message for a free consultation so we can act as soon as possible. We are based in West Chester PA and serve clients throughout Chester County, Lancaster County and suburban Philadelphia including West Chester, Kennett Square, Oxford, Avondale, Landenberg, West Grove, Paoli, Malvern, Downingtown, Coatesville, Exton, Parkesburg, Berwyn and Devon. We have convenient meeting locations in Lancaster, Philadelphia, Plymouth Meeting, Kennett Square, Malvern, Springfield, King of Prussia, and Radnor. Our family lawyers serve those with immediate legal needs in Chester County, Montgomery County, Delaware County and Lancaster County.

Information Center

What is a Separation Agreement?
What do Separation Agreements Cover?
Why You Need an Attorney for a Separation Agreement
Additional Resources

What is a Separation Agreement?

When a couple decides to separate, there are many issues need to be resolved. These issues can include property division, child support and alimony. Instead of having a judge decide the outcome, a separation agreement can effectively address these issues.

If you and your spouse end up filing for divorce, a separation agreement makes the process less complicated. It also demonstrates to the court the couple can have an uncontested divorce. Judges also prefer for divorcing couples to have separation agreements. It allows them to do less work and it shows the couple is prepared and aware of the issues at hand.

A lot goes into drafting a quality separation agreement. These documents are very complex and have detailed information depending on the situation of the marriage. To ensure that a separation agreement covers all the necessary details, you will need the guidance of an attorney.

What do Separation Agreements Cover?

Separation agreements can cover a wide range of issues. The issues that are most commonly included in the agreement are complicated to resolve, so you will need to speak with an attorney who has experience handling such issues.

Issues that are most commonly included in a separation agreement include:

Property division: When a couple separates, one party will usually be left with the family home. But when the other spouse leaves, she or he may want some of the items in the house such as appliances, furniture, art and jewelry. The separation agreement can clearly state which spouse will get what. Any property that is granted temporary use will not be considered formal property division if you plan to divorce in the future.

Child support and alimony: The court will determine alimony on a case-by-case basis. It’s not always necessary for a separation agreement to include spousal support. Child support, on the other hand, is mandatory. Under Pennsylvania law, both parents are obligated to support their children. The agreement can provide the amount a spouse is required to pay.

Visitation and custody: If you and your spouse have children, it wise to address visitation and custody rights in the agreement. That way, the parent that moves out can rest assured they will have frequent contact with their children. A visitation schedule can also be included in the agreement based on the circumstances of the family.

Why You Need an Attorney for a Separation Agreement

You are not required to have a separation agreement when you and your spouse decide to separate. But living apart from your spouse without a formal separation agreement can be risky.

Pennsylvania law does not require you to have an attorney when drafting a separation agreement, but it is highly advisable. Since tensions can be high when a couple is separated, having a neutral party involved in the process can ensure the issues that need to be dealt with are handled properly.

When an attorney drafts the separation agreement, it reduces the chances of you and your spouse from engaging in conflict. Attorneys are also more experienced with the laws and regulations that govern separation agreements, so they know what the document needs to include.

Once a separation agreement is notarized, the document becomes legally binding. Because of this, it is crucial that an attorney is involved in the drafting process. They can make sure all the necessary issues are featured in the document and ensure the agreement won’t result in fraud, coercion or duress.

By having a separation agreement that is properly drafted, it can be used as part of a final divorce decree in the event you and your spouse file for divorce. Separation agreements are complex documents. Deciding to draft one on your own leaves a lot of room for error. The risk of doing so outweighs the cost of hiring an attorney.

Additional Resources for Separation Agreements

Divorce | Pennsylvania Statutes – Follow this link to learn more about the state’s divorce laws. You can learn about the grounds for a divorce, proceeding to determine marital status and what happened when a defendant is suffering from a mental disorder. The statute can be read on the Pennsylvania General Assembly website.

Equitable Distribution | Pennsylvania Statutes– Property division is a common issue addressed in separation agreements. Follow the link to read the full text of the statute that governs the process. You can read the statue on the Pennsylvania General Assembly website.

Divorce Lawyer for Separation Agreement in Chester County, PA

Separation agreements are complicated, legally binding documents. Singing one that doesn’t cover all the necessary issues can result in a complicated divorce. To make sure the agreement between you and your soon to be ex-spouse is properly drafted, contact Ciccarelli Law Offices.

Ciccarelli Law Offices has experience drafting separation agreements in Pennsylvania. We will use that experience to ensure your agreement covers all the necessary issues for your divorce. Let us guide you through this complicated process.