Legal separation agreement is a written agreement filled by the court that declares a couple is legally separated. Althought it is said as separation, the couple still holds the rights and responsibilities as a married couple. Getting this agreement is quite similar like getting divorce. Yet, people choose this procedure because of several reasons. A few of them are quite beneficial. In the mean time, there are some disadvantages you will have to deal with as well.
3 Pros of Legal Separation Agreement
A number of married couples prefer to choose legal separation agreement because it has some benefits. Those benefits are quite helpful to them while living apart from each other. Here are the 3 pros you will manage to enjoy.
- Retain Marital Status for Religious Reasons
In some cultures or religions, divorce is a forbidden thing that every couple must not do at all. However, some couples just cannot stay to each other any longer that divorce has to be the only way. To solve this matter, they can sign to legal separation agreement. After being approved by the court, they will be able to get seperated while still maintaining their marital status as husband and wife.
- Divide Property and Debt Justly
When you choose to get divorce, both you and your spouse will hire a high asset divorce attorney to solve their issues related to property and asset. It can be very problematic since each party demand to have a fair share. Differently, you will not have to deal with such matter after signing on the agreement. In this part, both parties have agreed to share their property justly. Besides the assets, they also share the debts too. This can come in handy when you have a growing debt to pay.
- Health Insurance Continuity
In divorce case, each party is not allowed to stay on the same insurance plan. For example, if the wife is on her husband’s coverage, she will not remain in the same plan anymore once she gets divorce. In contrast, you are still capable of continuing the benefits of insurance plan under your spouse’s coverage.
3 Cons of Legal Separation Agreement
Now let’s see the disadvantages of the agreement that you need to deal with.
- Complex Process
Looking at the benefits above might make you think how everything will be easy with the agreement. That is not true since the process to get it is as complicated as divorce. It takes a really long time, involves lots of paperworks, and needs legal counsel to complete it. You might have to deal it twice if you decide to get divorce in the end.
- You Are Still Married
We already know that this agreement declares a separation of a couple legally. But, technically, your status is still in married. This might be a bit annoying in the future for some of you, particularly when you are in a new relationship.
- It Is Stressful
Have we mentioned how legal separation agreement can be as complex as divorce? The long process and some paperworks to do will make some of you become stressful. Not to mention, the charge it will cost you is simply the same with divorce charge. This makes some couples confused whether they want to get this agreement or straight to divorce.
In the end, it is you who decide to approve in signing legal separation agreement. There is one thing you need to keep in mind if you agree to this. That is to ensure that you are comfortable with all of the contents in the agreement before signing it. You can also discuss to child custody attorney.