Marriage is a happy time, full of optimism and hope for the future. If you’re getting married outdoors, you might have a tent or a location with an indoor space, in the event that rain comes on your Big Day. We certainly don’t hope that it rains, but it’s sure nice to have that insurance if it does!

Likewise, couples can enter into agreements before (pre-nuptial) or after (post-nuptial) their wedding, as a means of protecting their legal rights in the event that the relationship ends. You can pre-emptively address matters like division of property or support. Then, if a separation were to occur, you will already have a plan in place, thereby reducing stress, time, and money spent on dealing with those issues.

Whether you are divorcing or just separating for your spouse, a Separation Agreement will help you and your ex navigate the ending of your relationship: where do the children live, who makes the major decisions for the children, who pays child support, whether spousal support is going to be paid (and if so, how much?), and how you divide your property.

You want a Separation Agreement that is detailed and binding so that if something goes wrong, whether it is weeks, months, or years from now, you can point to the Agreement and know what to do next.

The Court always has the power to change Separation Agreements, especially as they relate to issues regarding the children where there is a “material change in circumstance” not initially considered when the Agreement was drafted.