The marital separation agreement in Massachusetts should only be signed after both parties have carefully reviewed the terms of the agreement, understood the terms of the contract, and if both parties voluntarily sign the agreement. There should be no evidence of coercion or coercion when the parties sign the agreement. You can try to write your own agreement with the list of problems in question five, but separation agreements are technical, so it‘s hard to write your own. For more information on divorce and separation, check out our articles in our self-help manual. As a general rule, the Tribunal authorizes separation agreements that are binding on the parties when they are fair and reasonable and are not the product of fraud or coercion. However, among the cases where a marriage agreement is not allowed, there are when the agreement has the consequence that a spouse becomes dependent on the State or if the transaction contract is not in the best interests of the children of the parties. For more information on divorce, family law and marital agreements, contact us by phone or email. We have offices in New Bedford and Boston and we are ready to answer your questions and set up your free private advice. Most people think of legal separation. And it‘s the viable option for couples in most states, but not in Massachusetts. In the eyes of the law, you will not be lucky if you want to separate, either because you are married or single in Massachusetts. Fortunately, there is only one straw you can cling to if you decide to follow your separate paths, by mutual agreement — to get a separation agreement.
Sometimes couples who temporarily separate are able to resolve their differences and get back together. Sometimes they both just stay apart just because of their personal beliefs or because they don‘t intend to remarry anyway. Often, separation is a precursor to a divorce. In these situations, the divorce process must be filed from the outset. No decision made in a separate support judgment is taken into account in the divorce. In order to fill in the gaps and clarify issues of asset sharing or other issues, a post-judge agreement is established for some couples, indicating the proposed provisions that would occur in the event of divorce, but there are some legal ambiguities in these agreements and each spouse has the opportunity to challenge these conditions if he or she wishes. A divorce is a court decision that ends a marriage.