Carl Glendon

How Is It Possible To Enforce A Marriage Separation Agreement?

A marital separation agreement template is a type of contract signed between spouses for the settlement of vital issues arising when they take a decision about going for a divorce or separation. Such issues can include child plans, spousal support, property division, insurance payment and more. It is not necessary to file a marital separation agreement in court to make it legally binding for couples who wish to live separately. Even in case a couple does not have the agreement filed in court, the agreement can be enforceable similar to any other type of contract. In case either of the spouses violates the contract in some way, the other one has essentially two options open. These include:

Suing for contract breach

In case the contract was included in the divorce's final judgment, it can turn into an official court order. If the agreement is violated, similar to other court orders, the court can hold the erring spouse in contempt. A spouse who finds the terms of the agreement can sue the other one for a breach of contract. He or she can recover compensation for the damages in the form of money.

Forcing legal compulsion to follow agreement terms

The spouse may also place a request with the court to order particular performance, and compel the spouse violating the terms to abide by the agreement. This is an important legal provision that safeguards Marital Dissolution Agreements and Permanent Parenting Plans that are signed between spouses. The circumstances of each couple's situation are different, and include various legal issues that need to be accounted for during the separation of a couple. It might be useful to take the counsel of a family law attorney to know what to do during the breach of separation contracts. For more information about a marriage separation agreement template, please visit this website.

As long as couples are legally capable of entering into an agreement, they can prepare a marital separation contract. It is essential to consider that several states need to have a notarized separation agreement to make it legally enforceable. When couples take a decision about opting for a divorce, they can simply place a request with the court to include the agreement into the ultimate judgment that makes the divorce legalized.

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Carl writes often about legal drafting, rental lease agreement, marital separation agreement and help the people in such needs. You can find his thoughts at free separation agreement blog. Please visit this site to draft a NY separation agreement.