Separation Agreements

Separation agreements resolve all or a portion of the issues before trial, including child custody, child support, equitable apportionment of property, spousal support, attorney’s fees, restraining orders or other issues other than divorce.

The parties may not agree on the grounds of divorce, although they may agree not to seek a divorce on a particular ground.

Separation agreements are not enforceable by the family court until approved by a family court judge. Before approving a separation agreement, the judge must find the parties freely entered the agreement without coercion or duress, the parties understand the agreement, and the agreement is fair and reasonable under the circumstances.