How To Change a Separation Agreement

No one expects their marriage vows to be broken, and when circumstances arise that make living together with your spouse simply unbearable and impossible, making the move to a divorce agreement or separation marriage can be very difficult and emotionally traumatic. For a growing number of people, the choice instead is to separate, which is essentially a contract between the couple to put an end to their cohabitation and to divide their properties and assets that have been acquired throughout the length of the marriage. If you find that there are changes that need to be made in the separation agreement, here are the steps to making the corrections.

  1. Review the contract. The first thing to do is review the original separation papers. Check for clauses that are no longer valid or which have already been accounted for. For instance, if there are debts that you were obliged to pay in accordance with the separation agreement and if you have already paid these, you can choose to amend the said clause. Apart from these, there are other clauses that can be detrimental on your behalf, such as clauses about how you cannot take the children with you because of whatever reasons. You can resolve these reasons and move to remove and amend the said clauses. If a clause states that alcoholism is a reason why you should not be able to keep your child under your new household, you can try getting into a rehabilitation program and using this as proof that you are already fit to take care of your children.
  2. Create the amendment. Once these changes have been marked, write down the amendments that you want to be incorporated in the separation agreement contract. The amendments and even the actual separation agreement can actually be done in word, but because separated couples can be very emotional and can even harbor a fair degree of bitterness over the other, it is usually better to put the amendments down on paper. Ask for legal counsel from an attorney as well, to ensure that you are correctly drafting the amendments. There are also separation form sheets available on the web that will help you to create your own amendments and even separation contract.
  3. Signing and notarization. Once the contract has been drafter and once the technical details such as the format has been corrected by your attorney, the next step is to create three copies of the new contract in accordance with separation law. These should then be signed by both you and your spouse to show that both parties are consenting to the changes. In some cases, however, the spouse may choose not to cooperate. In these cases, it is best to send your attorney to his lawyer in order for them to reach an agreement. Once the copies have been signed, send one to the local court house, the other to your spouse, and the final copy you should keep for yourself.

However traumatic the experience of getting a separation agreement may be, there is no reason for you to stand in the losing end of the bargain. With a properly drafted amendment, you can get fair justice between the items and property that is rightfully yours.


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