What is typically resolved in a separation agreement?

Answer: Essentially, every aspect except the divorce proceedings themselves. Nevertheless, it is important to recognize that the answer is not always straightforward, as the law is rarely clear-cut. A separation agreement, which is a legally binding contract between the parties involved, aims to address and resolve all matters pertaining to the marriage. These matters include alimony, post-separation support, equitable distribution, child custody, child support, and remedies for any breaches of the Agreement’s terms. Additionally, various standard clauses are typically included in such agreements, such as waivers of specific rights, guidelines for interpreting the agreement in court if necessary, an official separation date, documentation of marital and separate assets, and other relevant provisions. The agreement can establish a custody schedule that best suits the parties and meets the children’s best interests. It can also determine the amount of child support and alimony (if applicable), as well as provide guidelines for the division of assets within specified timelines. In summary, a separation agreement should address all pertinent issues before the parties proceed with the divorce. However, some individuals may choose to exclude certain claims from the agreement and instead seek a court order to resolve those particular matters, especially in cases involving custody and child support, as different remedies are available for non-compliance.