A marital separation agreement may be drawn before or after you have filed for divorce - even while you and your spouse are still living together. A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.Back to Top How does the military view a separation?
The court will order an approximately equal division of the assets and liabilities when: In an "equitable distribution" state, all property acquired during the marriage is "marital property" and all property owned before the marriage is "non-marital" property.
When you begin the divorce proceedings you will, in most jurisdictions, attach the Marital Separation Agreement to the complaint and ask the court to merge, but not incorporate, the Agreement into the final judicial decree.
If the Marital Separation Agreement is incorporated into the decree, it becomes a court order and is enforceable by the court's contempt powers.
Nevertheless, the court can always modify provisions in an agreement regarding the care and custody of any minor children.
Back to top In an uncontested divorce, the court nearly always approves the agreement of the parties if it is generally fair and the court is convinced that the agreement was entered into by both spouses without fraud or coercion.