Legal separation is a good option for spouses who may want to live apart but are not ready for the finality of divorce. Some may not want to end the marriage due to religious reasons. Others may still have hope for reconciliation, but they need time apart to work through their issues. Legal separation also allows one to live independently while still having the financial and tax benefits that come with being married.
In Washington, you only need to file a formal petition in court and serve papers to your ex-spouse. Once the court approves it, they will provide you with a Certificate of Legal Separation. The process does not necessarily require a separation contract. However, it may help both parties to settle important matters, like assets and parenting time, while separated.
What is a separation contract?
A separation contract is a written agreement between spouses or partners who are entering a legal separation. It outlines how they will manage shared aspects of their lives, such as:
- Financial obligations
- Division of property
- Childcare responsibilities
For example, it can specify who will live in the family home or how much money one spouse will pay for child support. This agreement can help both parties understand their rights and responsibilities while living apart.
Do courts recognize these contracts?
Washington courts usually respect the terms of a separation contract unless it finds them unfair. If they find some terms unfair, the court has the power to modify those terms.
They may also include the terms in the legal decree of separation if recorded in the court. This means that they are enforceable as any court judgment, and legal actions can be taken if someone doesn’t follow the agreement.
Ensure that the agreement protects your rights and interests
Your separation contract can impact your financial future and family dynamics. To make sure that your contract does not overlook critical matters or put you at a disadvantage, it’s wise to work with an attorney. They can identify and address all relevant issues, as well as help negotiate terms that are fair for both parties.
