Benefits of a Separation Agreement
One of the hardest parts about a divorce is the separation. It can be confusing and painful time for both spouses. But a separation agreement can help to ease the pain by allowing both partners to set aside cash for the next step in their lives. Also known as a “conjugal partition understanding,” this is a course of action between a married couple that resolves the most pressing issues that arise when the couple decides to split. Usually the issues that this agreement covers are the guardianship of children, division of property, as well as spousal and child support.
No one wants to deal with a long and costly fight in court, that only increases the amount of stress and anger the separating couple is experiencing. A conjugal understanding, which can be drawn up by an attorney, can help the couple settle the most tumultuous issues before beginning to petition for legal separation.
South Carolina Conditions
South Carolina requires that couples who wish to maintain a separation agreement for divorce live apart for a year. During this year there should be clear boundaries. If couples occasionally date each other during this time, then courts will most likely declare the marriage salvageable and will mandate counseling.
When trying to gain a conjugal understanding, it is advised that couples do not share an attorney. It is better for each spouse to have a separate lawyer so that each spouses needs can be adequately attended to, rather than having one person try to take care of both members.
Types of Agreements
There are many different ways that a conjugal understanding can set aside money. Some types include:
1. Medical services
If a spouse or child is receiving medical coverage under the other spouse’s arrangement, a conjugal agreement can allow the family to remain on the plan until the separation is complete.
2. Financials
This feature allows spouses to determine who will receive what property as well as who will pay for it.
3. The isolation or termination of shared services
If spouses share finances, a conjugal agreement allows them to determine who will possess what assets, regardless of whether or not the account is going to be closed. It also allows for the cash in the records to be parted in a way that will not leave one spouse with nothing.
4. Obligation division
Conjugal agreements can also provide for divisions of obligation between spouses. If any obligation is created during the marriage or after the date of partition, it is to be separated. This allows for one spouse to not be saddled with obligations that they are not equipped to handle.
If you or your spouse are considering a divorce or a conjugal agreement, it is important to not rush into any decisions. Take time to try and settle your grievances before you call a lawyer. But if the two of you have decided that this is right step, then contact Christine Howard at (864) 282-8575 or email at info@christinehoward.com.