Separation Agreement To Survive Divorce

The terms of your separation agreement « merge » or « survive » a divorce judgment. An extremely technical aspect of the separation agreements in Massachusetts is this classification, which determines whether the terms of the agreement « merge » or « survive. » The way a term is categorized can dramatically alter the long-term impact of your divorce judgment. This classification will determine whether you or your spouse can return to court after the end of the divorce and ask the court to amend some of the merged issues that were decided during your final divorce. It is important to note that the sharing of assets and liabilities is final and cannot be changed, whether the terms of sharing survive or merge. It is also important to understand that most children`s issues must be merged by law. In other words, children`s issues need to be merged and could be changed in the future. To be clear, the difference between the terms « merged » and « survivors » is this: If you and your spouse decide to live separately and separately, but do not want to divorce, you can enter into a separation contract. A separation agreement is a written agreement that you and your spouse voluntarily sign without including the court. Often, a separation agreement can allow you and your spouse the time you need while you try to repair a marriage that may disintegrate. Experienced family lawyers lead spouses in emotionally tense divorce proceedings to a solution that ends the marriage. A separation agreement is an essential part of this process. A separation agreement recalls the terms of the resolution and also expresses the reciprocal rights and obligations of the parties.

The separation agreement may be included in the estate court`s divorce decision, either « merged » or « survived » as an independent contract. It is essential that the parties understand the difference between merger and survival; the separation agreement that the parties submit to the estate judge, which they should carefully draft to reflect their objectives. The surviving provisions are those that « survive » the divorce judgment, i.e. they continue to exist in the form of an independent contract between the parties; The distribution of the property of the matrimonial estate is the most common example of a surviving destination, although other elements of the agreement may just as well survive as long as the parties agree.