DIVORCE AND SEPARATION AGREEMENTS
A separation agreement is usually 20-55 pages in length and is the “work” of the divorce. This agreement is signed by the parties and then filed with additional papers to the court and is converted into a divorce judgment. Whether you choose litigation, mediation or collaborative law the result is a separation agreement (unless a trial is necessary). The separation agreement consists of four main sections, custody/visitation, child support, spousal support and equitable distribution of the marital assets. In listening to my clients and understanding their individual needs within the parameters of the law, I assist them in reaching an agreement which is best for them and their particular circumstances, whether it be collaboratively, through mediation or litigation.
PRE-NUP AND POST-NUP AGREEMENTS
The law has many gray areas and an agreement before or after the marriage can define in black and white the differences between separate and marital property incase of a breakdown in the relationship. Pre-nups are very common and helpful when one of the parties is coming into the marriage with family money or money and/or property acquired before the marriage. A pre-nup can protect the assets as separate property instead of having them co-mingled into the marital assets of the relationship.
Agreements might need to be modified based on changes that have arisen since the execution of a previous agreement. A modification must be carefully drafted and executed to reflect the intended changes of the parties.
REVIEWING AND DRAFTING
If a client has an agreement drafted by a mediator or a pre-nup by an attorney, it is necessary that these documents are reviewed by another attorney. As a reviewing attorney, I will read the agreement and advise my clients of their rights and responsibilities. I can also take the separation agreement and draft the final papers to be filed with the court.