What is the difference between a separation agreement and a legal separation?
A Separation Agreement is different from the formal process of getting legally separated. In California, spouses that have decided to separate may enter into a separation agreement, which is a legally binding contract that deals with all aspects of their separation, including issues of child support and visitation …
Do both parties have to agree to a legal separation?
Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm. If you fail to obtain advice from a lawyer, the separation agreement will be unenforceable.
Can a mom stop a dad seeing his child?
A question asked by many parents is can a mother stop a father from seeing child. A father has the same rights as a mother and contact cannot be legally stopped unless there are concerns that further contact could affect the welfare of a child.
Should I leave family home when separating?
It is always advisable for someone who is in the process of separating and contemplating leaving the family home to seek specialist family law advice before doing so. However, the reality is, if you and are and your partner are separating, either of you (or indeed both of you) will permanently leave the family home.