Divorce or Separation?

[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?

 

[momtooo]

Anything you put in writing and sign becomes a contract. Having it notorized is even better. It's better to settle everything between the two of you and keep the money in your pockets instead of the attorneys. It's better to sell and pay off the debts and split the proceeds. There are books you can buy that contain contracts. I've found these books at the office supply store.

Here is a list to include in the contract (may not be complete, because I don't know what you own etc.):

Property - how will it be split, sold, proceed division etc.
Checking account - how will it be split
Child support - there are calcuators on the court website to figure payments.
Medical Insurance for the children. - Who will provide the insurance.
Visitation for the children.
Household contents division
401 K, Stocks, bonds, securities - division
Alimony - lump sum, or agreed term limits, or none at all.
Medical Insurance - put term limits
Debts - who will pay what
Joint credit cards - who will pay and don't forget to get your or her name removed from the accounts.
Automobiles, boats etc. - division
Automobile Insurance - during separation you'll maintain the same policy.
Acknowledgement as to neither of you are signing the agreement under duress and are signing by your own free will.

I should note that separation agreements and divorce agreements are separate matters to the courts. So maybe the contract should mention it is the parties intention that the forementioned contract provides final terms for separation and final terms of the divorce agreement.

Good luck!

 

[mep69]

Thank-you for the advice.