All good things end. Unfortunately, one of those things is marriage. So what do you do when the pink parts of your marriage dry out and dry out and abandon you with the thorns? A little twist – what if you don`t really want to go down the path of divorce? The separation contract is simply a contract between you and your spouse. It defines the conditions of separation. The separation agreement has the following provisions: the judge will then ask questions of the parties about the agreement to ensure that it is fair and reasonable. They will ensure that both parties have read the agreement and understand it. If there are waivers of ownership or support, the judge will ask questions about these factors to ensure that both parties are fully satisfied with what they have agreed. As a general rule, the judge will approve the parties` agreement as long as it is “fair” and “reasonable.” However, many family law parties ask, “What does “Fair and Reasonable” mean? Does this mean fairness for both parties? Is it necessary to think about it when a party renounces certain rights? What happens if one party gives the other party the extra assets instead of having to pay for marital support, is that fair? What is “reasonable”? Separation agreements must be developed with great care by an experienced and thoughtful lawyer who practices family law. These agreements have serious consequences for a party to a divorce and they must ensure that all issues between the parties to the divorce are addressed.
If these issues are not resolved by mutual agreement between the parties, the judge will rule on the issues. You will have the chance to present evidence that will help him make a decision. Once a separation agreement has been found “fair and reasonable” in court, it is sued in the form of an enforceable contract AND a court decision. If a judge finds that a separation agreement is NOT “fair and reasonable,” the separation agreement is set aside and no longer exists as an enforceable contract. The Court of Appeal in Dominick/. Dominick 18 Mass.App.Ct. 85, 463 N.E.2d 564 (1984) answered this question by listing the list of factors in determining whether a divorce contract is fair and reasonable: no one can be forced to sign a separation agreement. If you are under pressure to sign a document, leave and consult your own lawyer. At the divorce hearing, the judge may refuse to accept an agreement if, in the circumstances, it is unfair that you do not exist to speak to a lawyer or that you sign it because of intimidation or coercion.