It should be stressed that a separation agreement is not automatically legally binding, as it is a court decision. However, it is more likely to be upheld by a court if it has been duly completed. You need to make sure: A separation agreement is helpful if you have not yet decided whether you want to divorce or break up your partnership or if you cannot yet do so. It is a written agreement that usually defines your financial arrangements while you are separated. It can cover a number of areas: people already married or in partnership can enter into a written agreement specifying what they intend to do with their money, property and other practical issues arising from their current or planned separation. This written agreement is called a separation agreement. Separation agreements are usually made by separate parties who, at this stage, do not wish to divorce or break up their life partnership. These are contractual agreements between the parties to a marriage or life partnership that deal with your agreement to live separately, your obligations to protect each other and all the children in the family, the distribution of your property and the arrangements for the children of the family. As part of the separation agreement, you and your spouse can decide on a number of important issues, such as child care. B and custody of spouses (dependants). As with other marital agreements, a written separation agreement clearly defines the rights and obligations of you and your spouse, both during and after separation. If one spouse does not meet the obligations of the separation agreement, the other spouse may enforce the separation agreement in court. If the separation then proceeds to divorce, the agreement can be used as proof of the date of separation and form the basis of the court`s decisions on the division of property and responsibilities.
The court has the power to amend or overturn a separation agreement because it is not legally binding.