Not every marriage works out in a smooth fashion at all times, and there often comes a time in many marriage relationships when spouses feel the need to live apart from each other – either for some time or an indefinite period of time. This is when they need a legal separation agreement, which is a document that spouses are supposed to sign voluntarily without any involvement of the court. However, this is a legally binding document to say the least. This type of agreement can help you as well as your spouse to get the time apart from each other that you might require while trying to mend your marriage that might be falling apart. Find out when this agreement can be challenged in a court of law.
Both spouses need to have separate attorneys at all times, if they plan to enter into a marriage separation agreement. In the absence of separate lawyers, the court would take a closer look at the document and check whether it is a fair one in all aspects considered. If the court deems that the agreement has not been created fairly, it might not enforce the document.
Inequitable and unfair
In case the agreement is found to favor either one of the spouses more than the other, and the other spouse is found to be left with almost nothing, the document might not be enforced by the court regarding it as unconscionable or lacking a conscience.
A marital separation agreement might not also be enforced if it is found that either of the spouses have failed to make an honest disclosure of his / her assets or concealed the same.
Duress / coercion
If either spouse is found to to have used pressure tactics to have the agreement signed or not found to give sufficient time to the other spouse to give consideration to the Marital Separation Agreement, it might not be deemed as fit to be enforced. Forms.legal – A Legal documents website also helps to get a separation agreement for free.