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A separation agreement can tell what happens to the family home. Spouses can decide whether a spouse will keep it, whether it will be sold, or whether another agreement will be reached. Even if the house is in the name of one spouse, the other spouse may be entitled to a share of that spouse. If you and your spouse decide to prepare your own agreement, it`s a good idea to get legal advice before signing. After the signing, the treaty will be legally binding and enforceable through the courts. A separation agreement may contain decisions regarding the payment of: It is important to note that such agreements are not legally enforceable – they can be challenged by both partners – but they have weight unless the court considers them a fair settlement. When a spouse dies before a separation contract is signed or before legal action is taken, this can have serious consequences on the division of ownership and debt. Things can be complicated. Lack of agreement means that your partner will be able to assert financial rights against you in the future: If you want to leave your marriage or life partnership, divorce/dissolution may appear as the only option. However, a separation agreement may offer a less durable solution that will allow you and your spouse/civil partner to live separately while remaining married.

This gives you time and space to decide if a divorce/dissolution is what you really want. A separation agreement is useful if you have not yet decided whether you want to divorce or break up your partnership or are not yet in a position to do so. It is a written agreement that usually defines your financial arrangements while you are separated. It can cover a number of areas: if you are not married, separation decisions could be difficult, precisely because there was no formal marriage or because there was the possibility of agreeing on common assets and responsibilities. The way you share common interests may have evolved indefinitely over time. The separation agreement gives you the opportunity to decide what is right for each party and to agree on that decision, which reduces the likelihood of misunderstandings or injustices. The terms of a separation agreement vary from case to case. However, among the main elements that can be covered, there may be income tax issues that can be resolved, for example. B if you file joint tax returns during your separation, which benefits from the exemption from dependency for children, if you submit separately, who pays penalties and interest in case of examination or joint declaration previously filed, which is due, etc.

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