Separation agreements are complex enough on their own, but when children are in the equation, they become exponentially more so. A thorough, formal agreement can help make the transition smoother. Many couples see the benefits and necessity of a separation agreement, but they also tend to make some common mistakes that lead to hardships down the road.
Here are four mistakes to avoid in separation agreements:
- Moving out first. Since a separation agreement is legally binding, it’s important to have it in place before making any significant changes, such as one spouse moving out of the home. Divorce courts tend to side with the status quo, so if one person has moved out and therefore has more limited access to the children before the agreement is official, this situation is more likely to become the legal arrangement.
- Murky minutia. There are many details to work through regarding the children’s care in a separation, and as difficult and tedious as it can be, it’s essential to work through every last piece of information in order to maintain stability in their lives. Many couples think they will be able to iron out the specifics as they go, but establishing crystal-clear details through a separation agreement will help ensure equity and congruency through the transition.
- Poor communication. Regardless of emotions, couples need to be able to communicate effectively to structure separation agreements. Keeping the end goal in mind of creating a harmonious living situation for your children can encourage productive communication to get the job done.
- Neglecting legal advice. A separation may not feel as official as a divorce, but when children are in the picture, it’s best to treat these two different situations as one and the same. Seeking legal advice before entering into a separation can help you navigate this transition and ultimately lead to an amicable agreement.