Couples who have made a decision to separate often can use some assistance in sorting everything out. This may take the form of separation mediation. I have successfully provided separation mediation for many couples.
There are several separation agreement options available to a married couple that wants to accomplish some form of separation:
A legal separation requires the same court process as a divorce. The same areas need to be addressed in the separation agreement. These are spousal support and division of assets and debts (and child support and a parenting plan if there are minor children).
Neither a postnup nor an informal agreement would need to be filed with a court. However, there are certain legal steps that must be taken to ensure a postnup will be binding.
Unmarried couples who decide to separate often have the same co-parenting and financial issues to resolve as a couple that is divorcing. Separation mediation can be an effective way for these couples to work out a separation agreement.
The resulting written agreement can be left as an informal agreement. Or steps can be taken to make it as legally binding as possible.
Unmarried separating couples with minor children often want to work out a child support and co-parenting agreement. This can be left as an informal agreement or it can be filed with the court. If filed with the court, it can become a court order (subject to potental modification if circumstances change).
As a Certified Divorce Financial Analyst (CDFA), in separation mediation I can help ensure all financial and tax issues are understood and carefully considered for the short term and long term.