Divorce involves a number of financial and legal issues that impact everything from child custody and visitation to property division. Couples may also want to protect assets and to formulate a custody plan when divorce is not presently contemplated. A separation agreement is a written contract that allows divorcing couples, and couples who do not want to divorce but are separated, to specify how property is to be divided, custody assigned, visitation arranged, and any other issues important to either party. In this sense, separation agreements are important for protecting and leveraging your rights prior to and during a divorce.
At Huggins Law Office, in Las Vegas, we draft and review separation agreements in order to ensure our client's financial and legal interests are protected. Given today's economy, we pay particularly close attention to the division of marital assets and marital debt so you don't end up with less than you deserve or saddled with debt that isn't, strictly speaking, yours.
For more information regarding separation agreements and how we can help you, contact family law attorney Shawn Huggins today to schedule an appointment and discuss your case.
Separation Agreements - Indicating the Rights of Each Person Involved
While subject to final approval by the court, legal separation agreements can be used to specify the rights and obligations of person in regard to the following:
- Child custody
- Division of marital assets
- Division of marital debt
- Obligation of one party to continue payment on a home or car
- Rights and obligations in regard to a closely held business
- Rights in regard to an existing estate plan
- Issues pertaining to medical coverage if one spouse does not work
Marital Separation Agreements and Divorce
Separation agreements provide a working foundation for both parties should a divorce proceed to finalization. In this sense, the terms of a separation agreement can be incorporated into a divorce settlement once they are deemed fair and approved by the court. Since a separation agreement can be included in a final divorce decree, its terms are legally enforceable. However, the terms of a separation agreement can be modified or nullified by the court.
In cases where a marital separation agreement is not included in the terms of a divorce settlement, a separation agreement still stands as a written contract between the two parties involved. As such, if either party violates its terms the other party can sue for damages in civil court.
Contact Divorce Attorney Shawn Huggins Today
If you are interested in more information about legal separation, contact family law attorney Shawn Huggins today to schedule an appointment. Our office can evaluate your situation and determine how best to proceed should you be interested in a legal separation.