If you divorce, you and your spouse can enter into a written separation agreement indicating how issues related to the end of your marriage are handled. The agreement should cover custody of children, period of education or attendance, child assistance, child support, sharing of your property (including pensions), married life, including the owners of the property in the matrimonial home, the sharing of your debts and the withdrawal of the name you had before your marriage. A separation agreement is only good if both spouses sign it. It is usually part of the divorce judgment. Then the judge will ask the parties about the agreement to make sure it is fair and reasonable. They will ensure that both parties have read the agreement and understand it. If there are waivers of ownership or support, the judge will ask questions about these factors to ensure that both parties are fully satisfied with what they have agreed. If you enter into a “separation agreement” (more detailed on question 8) without submitting it to the court, it is a contract between you and your spouse. This is not a court decision. While it is not a bad idea to have a contract, it can be difficult to impose it; Therefore, you will probably want to present your agreement with the court and ask the judge to follow you and your spouse. If child support is part of the agreement, the court will also consider the binding child care guidelines. Marital transaction agreements, which also refer to MSAs or the most common separation agreements, are the mechanism by which all rights and obligations of spouses who wish to separate from their spouses and/or divorce can be settled and settled.
These marriage agreements are encouraged by Commonwealth policy. If these issues are not resolved by mutual agreement between the parties, the judge will rule on the issues. You will have the chance to present evidence that will help him make a decision. It may be best to represent yourself if you and your spouse do not disagree on any topic, the reasons for the divorce, or custody or support. It may be particularly appropriate to represent yourself if your spouse is representing himself and you are certain that none of you will contest any aspect of the divorce. It is very difficult to represent yourself if your spouse has a lawyer. To make sure you are doing the right thing, you should seek independent legal assistance before signing the contract. A separation contract in Massachusetts is a contract designed to resolve several outstanding marriage issues. The agreement is reached after the marriage breakdown in anticipation of a divorce and determines the obligations and rights and rights of both parties after the divorce. While this is not a legal requirement, both parties will have the option of suring the document first by their separation counsel in Massachusetts before submitting it to court. Committed and competent divorce mediators will generally encourage both parties to have their separation agreement reviewed by their lawyers. Each case is unique.
If the children are involved, your relationship with your spouse does not end in separation or divorce. You will probably, but not necessarily, continue to be in contact with him regarding support, education time or visitation and other parenting duties. You will both be grandparents to your children`s children. If it is appropriate in your situation, for the sake of your children, keep the lines of communication open, but only if it is safe to do so. Put your children`s well-being, if possible, in the face of persistent conflicts. In addition to signing the separation agreement, you receive separate support from the Massachusetts estate and family court in the following circumstances: the separation contract signed and notarized in Massachusetts must be submitted to the court for court approval before a divorce is granted without fault.