Separation or Divorce?

[mep69]

What is the name of your state? Utah
Is it better (financially) to have a separation agreement before a separation with the intent to divorce in a year or would it be better to just outright divorce? The wife needs the medical for another year. If a separation agreement is signed and notorized, will the terms hold up in court for a divorce? Should we liquidate all of our property and split evenly prior to a divorce? What should be included in the seperation agreement to make the agreement unchangable by the courts? I don't want to agree to something for a period of time (lump-sum alimony) only to have the agreement overturned in court at the divorce proceedings. Any suggestions?

 

[LdiJ]

What is the name of your state? Utah
Is it better (financially) to have a separation agreement before a separation with the intent to divorce in a year or would it be better to just outright divorce? The wife needs the medical for another year. If a separation agreement is signed and notorized, will the terms hold up in court for a divorce? Should we liquidate all of our property and split evenly prior to a divorce? What should be included in the seperation agreement to make the agreement unchangable by the courts? I don't want to agree to something for a period of time (lump-sum alimony) only to have the agreement overturned in court at the divorce proceedings. Any suggestions?

If you can agree and divide property on your own before divorcing it can make the process of divorce go much smoother....been there...done that.

If you want a separation agreement to hold up in court, then it needs to be drawn up by an attorney. Things that are signed and "notarized" are not legally binding in most cases. However, if the signed and notarized agreement could be deemed a "contract"...it COULD be legally binding....which is the benefit of having it done by an attorney.

 

[Cindergretta]

i believe that anything that is notorized can still be overturned by a judge.

 

[LdiJ]

i believe that anything that is notorized can still be overturned by a judge.

If it has anything at all to do with children you are correct....notarized agreements regarding children (and child support) generally aren't worth the paper they are printed on.....it can even be correct when it comes to settlement agreements if they aren't done properly.

However an attorney can draw up a separation agreement that a judge would consider "binding" as a contract.....as long as all of the "i's" are dotted and the "t's" are crossed....and the agreement adheres to legal standards and is reasonably equitable.

 

[mep69]

Thank-you for the advice...