The settlement that comes with a separation agreement is not required by law, but in many cases it is the most preferable option. Because a separation agreement is binding in court, it is possible for the existence of an agreement to reduce costly litigation fees. It is also possible that having a predetermined agreement about the key issues involved in separation will be less emotionally taxing. The litigation involved in a divorce case can take a serious emotional toll on the parties involved. Having the separation agreement document can relieve some of the emotional burden of litigation and in some cases it can even shorten the litigation process. It is also extremely difficult to prove oral promises and nearly impossible to enforce them. The legally binding nature of a written separation agreement can provide you with legal recourse in the event that your spouse attempts to go back on an agreed-upon promise.

What’s more, the creation of a separation agreement, if done thoughtfully, can sometimes give you and your spouse a more customized, well-suited solution that may not occur to a court of law. In this respect, a separation agreement may help to retain the specific interests and priorities of your family and may help prevent a one-size-fits-all mentality that can occur in the judicial system.

While it is possible to draft a separation agreement without an attorney, there are many benefits of having an attorney to guide you in the process. Often there are many elements addressed in a separation agreement and each element has many facets to consider. This can lead to an extremely complicated document that is best drafted by a qualified family law attorney. The agreement is important, and consulting a family law attorney is an often an intelligent decision when considering a separation agreement.

If you are separating and would like the advantage of professional legal advice from a caring team of lawyers, call Everett Law Firm, P.A. at 919.942.8002 or toll free at 800.942.8048. We look forward to serving your individual needs.