Can I use a separation agreement as a post-nuptial agreement?
I need a separation agreement review. I need someone to look at verbiage, review any issues and raise red flags in case of mentioned something that would be against my favor.
24
10
Solved
That's not going to be dispositive. So it can be voided and ignored.
So this document is not an order, has no real enforceability, and he can claim extortion or blackmail. If it's, "sign this or I file for divorce," that's cause.
0
Full Conversation
I need a separation agreement review. I need someone to look at verbiage, review any issues and raise red flags in case of mentioned something that would be against my favor.
Lexi, Chatbot
Have you already prepared a draft of the separation agreement, or do you need assistance in creating one?
Prepared a draft on eforms.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your separation agreement review.
I dont know what they should know but my husband wants to retain the marriage and prefers we don't divorce. So I am trying to go this route as I also prefer that. We have 2 kids, one in university and other in elementary. If anything else comes up I will share ? Unsure.
StephenH129
Hello! Thanks for using AskaLawyer. My name is Stephen, and I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started: I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly; I will respond as quickly as I can, but there may be an occasional delay. Thank you for understanding. Please note, if you request a second opinion, this thread will close, and I will no longer be able to respond in this chat.
Document review is an additional service. How many pages do you need reviewed?
Hi, thank you. May I know what I might expect to be charged for this additional service? if it is per page? Accordingly, I can curate the information.
StephenH129
It's per page. I need to know the amount of work and then I make a quote. I need an estimate to make a quote.
If you are going to stay married, though, what is the goal here? If there's no expectation of divorce or no court involved, this is just a private contract. So you'd have to divorce or sue to enforce it. It's only as good as the parties executing it.
The goal is to ensure he doesn't later go back on our agreements, especially regarding financial matters, home, etc.
Idont want to rely on only verbal discussions.
StephenH129
That's not going to be dispositive. So it can be voided and ignored.
So this document is not an order, has no real enforceability, and he can claim extortion or blackmail. If it's, "sign this or I file for divorce," that's cause.
I dont understand, what do you mean? The terms specified in a separation agreement are not going to be binding?
StephenH129
Correct. A post nup with no divorce is pointless.
It's not an order, can be overturned, and is generally frowned upon if a divorce is filed. So this is essentially as good as the people executing it. That's it.
Then what is the best possible route I can take? It's not the extortion situation, I just don't want to be constantly worried about my situation, especially being in the home, kids' responsibility, and such.
StephenH129
I understand your point. You file for divorce or stay together. Period.
He'd move out, agreed to the separation
StephenH129
How do you make him leave if he refuses to?
That's what I was told the separation agreement would help me with.
StephenH129
Only if there's a divorce.
So it can help, should that be filed, but you can't enforce any of these terms unto themselves.
ok, I will need to think back and come back later on this, it seems.
StephenH129
I just don't want this to be relied on as much as you are. It's something, better than nothing, but this is not bulletproof nor a guarantee of any kind. Sorry.
It shows 14 pages on the document. So, in case I still want this reviewed, would you be able to provide any quote?
Thank you for explaining that, I really appreciate it.
StephenH129
It varies by attorney, but I have been doing this for 17 years. You can try to ask other attorneys; they may be cheaper.
Thank you, i will take some time to think on this new information and revert back.
StephenH129
Sounds good. Happy to help. Thank you very much. Take care now and be well!
StephenH129
20,479 satisfied customers
5 lawyers online now
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
