Last updated on April 16, 2021
To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.
Separation Agreements Set Clear Expectations For Marital Breaks
Every couple hopes and expects that their marriage will endure, but sadly, many encounter challenges that test their relationships to the breaking point. At the same time, many couples are adamantly set against the idea of divorce. For religious reasons, financial reasons or simply the hope that the marriage can be saved, a couple may decide to live apart without actually filing for divorce. In such cases, a separation agreement can spell out each party’s rights and responsibilities.
At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., our experienced lawyers can help you understand the benefits of creating a separation agreement. We can also assist you in drafting these documents so they will stand up in Georgia’s courts of law and beyond. From our offices in the greater Atlanta area, we serve clients throughout the state.
A separation agreement can allow you to live apart from your spouse without a divorce. It may give you a chance to rekindle your relationship without the tension of being in the same house.
These Agreements Can Address A Wide Variety Of Issues
A prenuptial or postnuptial agreement cannot address any issues involving child custody or visitation. A separation agreement, on the other hand, can do so. It is created with the certain knowledge that the spouses will not be living together. Because of this, it must lay out specific instructions about:
- Who will live in the marital residence
- Who will live elsewhere
- Who will be responsible for paying the mortgage and other bills
- With which parent the children will primarily live
- When the other parent will have time with the children
- How much child support will be paid
- Whether spousal support/alimony will be paid
In essence, a separation agreement mirrors a divorce agreement. It is important to note that the separation agreement can be enforceable in a later divorce. Because you have already divided the assets and determined custody arrangements, the court will usually turn the separation agreement into a divorce agreement. This means it is important to have experienced legal counsel from the beginning.
Call Us Today
Learn more about separation agreements and how they work. Schedule a confidential consultation with one of our Atlanta attorneys by calling The Siemon Law Firm Divorce and Family Law Attorneys, P.C. at 770-888-5120, or contact us online today.
