A court order or formal separation agreement is not required for spouses to separate they may simply live separate and apart. However, particularly when there are children or questions of property or financial support, it is wise for separating spouses to have a written separation agreement or court order. Separation Agreements TOP Many couples settle all issues between them by entering into a written separation agreement. Through such an agreement, they can avoid court proceedings, or shorten existing proceedings, except the proceedings needed to obtain the divorce order to end their marriage. Sometimes parties work out the main features of their agreement on their own or with the assistance of a mediator.
Lawyers can then provide advice and put their agreement in a more detailed and formal document.
Often couples are unable or unwilling to make an agreement on their own and each party hires a lawyer to bargain or negotiate the terms of an agreement for them. Sometimes, couples want to cut legal costs by having one lawyer act for both of them. This is not possible. The lawyer can only represent one party. It is important that both parties have independent legal advice, as a separation agreement is a legally binding contract.