Do you have to sign a separation agreement before divorce?
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Do you have to sign a separation agreement before divorce?
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.
What makes a separation agreement void?
For it to be valid, the agreement must be signed at or after the parties’ separation. No one can compel a spouse to sign a separation agreement. An “agreement” means that both parties sign voluntarily. Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement.
Will a separation agreement hold up in court?
Although a separation agreement becomes legally binding once it is signed, the parties can vary the terms by further agreement at any time.
Can you live together while legally separated?
If you want to separate but continue to live together in the same home for financial, parenting or other reasons, this is called ‘separation under the same roof’. Separation under the same roof does not just mean sleeping separately.
