A separation agreement is an agreement that the parties can enter into at the time they separate or divorce. It must be in writing to be enforceable. The Court can reject a separation agreement only on the basis that it is unfair, but a trial must be held before that conclusion can be made.
Otherwise, state law requires the Court to set forth the agreement into the Decree.
Unlike postnuptial agreements, a separation agreement can include agreements regarding the children. But these agreements are not binding on the Court. The Court can, however, include the parties’ agreements regarding legal decision-making and parenting time (custody) upon a finding that the agreement is reasonable with respect to those terms.
What makes a separation agreement enforceable? The same thing that makes a contract enforceable. In legal terms, that means there must be an offer, acceptance, consideration (i.e., both sides are giving something up), and an actual agreement (in legal terms, “mutual assent”). Additionally, the agreement needs to be in writing, needs to be specific enough for the Court to understand each parties’ obligations under the agreement, and needs to be signed by both parties. Email signatures count as a signature.
Our award-winning team of professionals deliver the outcomes our clients need.
Any issue or question I have has always been answered. I am super grateful to Jillian because I feel like I have someone by my side 100% of the time.
Throughout this entire process, everyone at the firm treated me with the courtesy and respect that you would extend a lifelong friend, and for that humble gesture I shall remain forever grateful . . .
The best at what they do! Im so impressed by the knowledge Stephen has off the top of his head. The whole crew is amazing . Would highly recommend them.
I've never met such a passionate, organized, and responsive group of attorneys. Family law matters can be emotionally and legally challenging but this group stands out as the place to go to get great help
The team that works here is professional, timely, and has your best interests at the root of every decision. They work tirelessly and have an amazing array of experience to act on your behalf...needless to say, they’d always be my choice!
Highly recommend this firm for family law disputes. The efforts that they put forth to a case are some of the best that you can get, but they also know how to really work with a client and make it feel like a team atmosphere
I know some of the lead attorneys at State 48 Law Firm, and have complete faith and trust in their knowledge and professionalism. I would trust them implicitly, with my own legal needs.
Excellent team of attorneys. Everyone has a wealth of experience and a great depth of legal knowledge. I would highly recommend this firm to anyone.
I can't recommend State 48 Law Firm enough. They have a great team of experienced attorneys, although I highly recommend Bryce Johnson! He has a wealth of family law knowledge and will fight for you.
I've known and worked with State 48 attorney Bryce Johnson for several years and know him to be a considerate and tactful attorney who fights tooth and nail for his clients. I would recommend State 48 for your family law needs!
Everyone at State 48 Law Firm is great! Jillian Hansen will take the time to educate you about the process while showing empathy for the situation.
State 48 Law includes a very experienced team of lawyers who will work tirelessly for you. I would recommend their team, and specifically Bryce Johnson, to anyone.
During one of the most difficult periods in your life, it is imperative to find a lawyer and a law firm, who can look after your interests.
I’ve worked with this Team before & can’t say enough about their professionalism & constant communication. Highly recommend State48 for anything family law.
Ankita takes her time, is very responsive, and shows that she does care. You don’t usually find that compassion in a lawyer. I can’t thank her enough for helping us through our case and I highly recommended her!