The common law separation agreement is made between the couples living together as husbands and wives for more than a couple of years. In this case, they may or may not have a child (children). But, the things that should be mentioned in the separation agreement are spousal support, child custody, child support, division of joint property or debt.
Therefore, if you are final with your decision to get separated from your spouse, contact your family lawyer about what to be done. Discuss all the matters with him so that this can be done at the earliest possible time. However, take a moment to be here and know the basic things.
What is Common Law Separation Agreement?
When you and your partner want to get free from cohabitation, it will be known as a common-law separation. And, of course, an agreement needs to be made before such a break where there will be mention about duties and assets division among the spouses.
Furthermore, some other terms in the agreement include child support, spousal support, child custody, debts, any joint property, and some other aspects. This agreement requires to be given to the court beforehand the separation process starts.
How do You Write a Common Law Separation Agreement?
Writing a common law legal separation agreement is never hard as you do not need to use magical or legal terms. But if you want it to be perfect, you can contact an experienced family lawyer within time. So, if you are going to take the help of a lawyer, ask about the charge as
- Some lawyers need to be paid according to hours
- Some lawyers need to be paid after the whole work is done
Furthermore, you and your spouse can divide the charge among yourself. You may also feel like the cost is somewhat high, but as this document is essential and will affect your upcoming, do not underestimate it.
If you and your partner want to write it, you need to read much about separation agreements. Below are some tips to look at before writing a separation agreement:
- Look at different resources like question-answer sessions, family lawyer’s discussion videos, and others to get ideas.
- Talk with a family lawyer who provides free consultation for a definite time over the phone or via mail.
- Get a lawyer’s book from the library that deals with enough and accessible information about separation agreement common law.
- Search on the internet to get a sample of writing a separation agreement.
- Search on “Google Scholar” to get any citation of the previous cases.
- Ask your friends or colleagues about the contract if they have gone through it.
Once you are done writing it without giving your signature, do not forget to check it by a lawyer. This is because you might need to make some further corrections so that the agreement remains loyal for both of you.
What If You Made an Agreement When You Lived Together?
When you and your partner live together, you make an agreement, and this is known as the cohabitation agreement. You can also use some parts of this agreement to create a new one, which will be defined as a separation agreement. Therefore, the changes or addition that will be required are:
- Child custody (with whom the child will be or for how many days of the year)
- Child support (how both of you will contribute to raise the child or children)
How do You Finalize the Agreement?
For finalizing the agreement, you need to sign the document. However, before signing:
- Read the whole carefully with adequate time and do not make a hurry. Think again if you want to make a change.
- Ask your lawyer to have a look so that you can proceed.
But do not sign if:
- You are not okay with the agreement.
- You are forced to sign it.
There should be a separate lawyer for both you and your partner as a single lawyer cannot take part of both the clients in case of separation or divorce. Afterward, if both of you are happy with the agreement, you can sign.
Now, as you have signed, you and your spouse need to abide by the sayings narrated in the document. There should also be an adult witness’s signature with the date if anything is mentioned about the spousal support or property. The witness can be the same person for both the side.
Therefore, the witness will sign the document following you and your spouse. The contact information of the witness will also be in the document paper for any further inquiry.
Can the Agreement be Changed?
Even if it gets final, you and your spouse can change the separation agreement whenever you like. But to do so, it is essential to discuss the matter with your family lawyer first.
Moreover, it is also possible that you might want to change the agreement, but your partner does not. In this case, in the presence of both parties’ lawyers, negotiation can be done to make the other spouse agree.
However, the court cannot change the agreement. It can only cancel the whole deal or substitute it with a court instructions.
How can a Family Lawyer Help Regarding Separation?
Getting separated from your loved one is never easy. But sometimes, due to the situation, you need to go through it. However, we can reduce your pain to some extent by providing your right from your spouse.
We have more than 15 years of experience in the same field as we deal with such issues everyday. Contact us any time as we are 24/7 available for our client to give legal advice. Furthermore, starting from the separation agreement’s making till the end, you will get our assistant.
The Bottom Line
By common law marriage, we mean that the couples are not legally married but live together as a couple for a couple of years. Moreover, to end this relationship, they will not require a divorce. They can simply get separated by making some essential documents and contacting their family lawyer.
And this specific document is known as the common law separation agreement, which you have already learned from the above. So, once the deal gets ready, check and recheck it if every point is fair for both parties. Afterward, give your signature, and do not forget to get a witness.