There is a marked fall in the divorce rate of couples aged in their 30s and 40s since the year 2005, and the reason could apparently be that many are trying to make their marriages work for the sake of their children. It is a well known fact that children are the worst hit in a divorce and responsible parents strive to spare them this pain. But, at times, in spite of their best efforts certain marriages do fail irrevocably and in such cases, the next best option is to enter into a ‘Separation Agreement.’
Separation Agreement
Separation Agreement, also known as ‘Minute of Agreement’, is entered into by partners to decide all aspects pertaining to separation in a pre-mediated manner. Obviously, couples enter into this agreement only if they decide to split.
After consulting their individual lawyers the partners sit together and work out plenty of details regarding the division of finances, properties and custody of children. And as expected, the section that deals with the arrangement for children is the lengthiest.
The divorcing couples work out the number of days each child would spend with either parent. A majority of them even like to participate in the academic progress of their children and decide that copies of the school progress cards should be sent to both of them individually and also agree that neither would prevent the other from attending school functions.
The other points in the ‘Separation Agreement’ deal with the settlement of finances, division of property and the provisions for non-earning spouse.
- Apart from this, every separation agreement carries the mandatory details of the names and addresses of the adults and the date of birth of the children.
- Partners also acknowledge that their marriage has broken down irrevocably and that they have entered into this agreement after consulting their lawyers.
- The partners give their new addresses and enter into an agreement stating that either of them would change residence only after receiving the consent of the other.
- The financial agreement they enter into also deals with the distribution of property either by sale or transfer of titles.
- The last aspect of the agreement deals with sundry details of who would care for the pet and other important but minute aspects of a life that would be lived separately.
Why do People Enter into Such Agreements?
Couples contemplating a divorce are signatories to this agreement for the numerous benefits it entails, the major one being that it leaves no room for acrimony and children thrive in the suave atmosphere it creates.
It is also cost-effective in terms of time and money; otherwise couples would spend lengthy man-hours battling out these very issues in the court. Once every issue is worked out and clearly spelled on paper either partner gets a clear picture of the terms and conditions agreed upon.
This agreement can be regarded as a basis or groundwork for divorce, and though it has no legal sanction, it forms a basis for the final settlement in the courts. It is, therefore, imperative that this agreement is fair and is mutually reached upon after consulting individual solicitors.
Divorce and Separation Agreement
Quite a number of happily married ignorant people are unaware that separation agreement is not the same as divorce.
- Divorce dissolves marriage while separation agreement only leaves the partners free to reside separately though they continue to remain married.
- Divorces can take place only if one among the five legally stipulated conditions is satisfied. Separation agreement recognizes no such conditions.
- Divorces, without prior agreements, especially contested divorces end in bitter quarrels. Peace prevails due to separation agreement.
It was felt that ‘Separation Agreements’ might lead to an increase in the number of divorces for everything is mutually divided and sorted out. Some States even banned it on this count. But its successful working over the years made people realise that ‘Separation Agreements’ did not increase divorces, but they only facilitated the process of divorce by making the disunion more peaceful.
‘Separation Agreements’ have been a success for either of the partner enters into the agreement after consulting their solicitor who safeguard their interests by considering the long-term implication of any decision. Further, the working out of all the details including the smallest one effectively banishes disagreements and leaves the post-divorce scenario peaceful.
