Separation Agreements

A separation agreement between spouses or civil partners is ideally both a legally binding and practically applicable contract which not only outlines agreed (and legally valid) terms of separation but also lays a reliable foundation for the way forward, whichever way in which the relationship may evolve in the future.

Therefore, it follows that an agreement to separate is not to be assumed to be a separation agreement, which in itself can have many forms serving varying purposes, as individual as the people themselves to whom the contract applies. A separation agreement would address issues raised by the situation in which partners or spouses are formally separated by mutual agreement but still have a legally binding relationship such as marriage or partnership.

Questions which Dr Nademleinsky has often been asked such as:

• Can I move out during a separation?
• Can I demand that my partner move out when we separate?
• How will separation affect the children?
• What happens to our home in the event of a separation?
• What happens to our assets in the event of a separation?
• Is it possible to reconcile following a separation?
• What happens to savings after the separation if the couple does end up divorcing?
• Am I liable for my partner's debts after a separation?
• What happens if my partner dies during the separation?
• Who will the children stay with after a separation?
• How long does it take between separation and divorce?
• What cross-border factors may play a role in separation agreements?

indicate that drafting a separation agreement with an experienced attorney specialized in family law would be imperative to the process of a separation in which it may be possible to move forward. Following twenty years of experience and being an internationally recognized expert of family law as well as attorney practicing exclusively in family law, Dr Nademleinsky has an overview of significant strategic and financial as well as practical pitfalls of separation agreements; and he would be happy to negotiate and draft an optimal separation agreement, should you wish to engage him, see contact.