If things are not working out with your spouse, you may be looking to separate. If you want to separate but do not want to file for divorce, you may be looking to draft a separation agreement. A separation agreement is similar to a divorce agreement in that it lays out who is responsible for which debts, how assets will be divided, and who gets custody of any children. If you are in this position, you may find yourself wondering if you should hire a separation agreement lawyer to draw up the agreement or look over the document before you sign it. Learning the pros and cons will help you make a decision.
The Cons of Hiring a Lawyer to Help Draft a Separation Agreement
- It Will Cost You
One of the downsides to hiring a lawyer to help draft a separation agreement is the cost. Finances are the number one reason why couples separate. As such, if you are separating, your finances may already be strained. Hiring a lawyer may not be in the budget or may further strain your finances.
- May Make Your Partner Upset
The other con to hiring a separation agreement lawyer is that it may make your partner upset or concerned. If you and your partner are trying to draw up your own agreement, your partner may feel upset if you bring a lawyer into the mix or may feel that you are trying to gain an upper hand. If you are trying to keep things civil, bringing an attorney into the situation may make things more complicated.
The Pros of Hiring a Lawyer to Help Draft a Separation Agreement
- Helps to Ensure the Agreement Is Fair to You
One of the major benefits to hiring a lawyer to help draft a separation agreement is that the lawyer can help to ensure the settlement is fair for you. The average person does not know what they are legally entitled to when they are separating or leaving their spouse. Without an attorney, you may agree to take on more debt than you should or give up more money or property than you should. A lawyer can make sure you don't make a mistake and get less than you are entitled to.
- Ensures the Agreement Is Legally Binding
The other advantage to hiring a lawyer to draft a separation agreement is that the lawyer can ensure the document is legally binding. When you draw up documents yourself, there may be things in the document that are illegal or not binding. If you and your ex ever have to go to court, the agreement can be thrown out. A lawyer ensures that this is not the case and that the document is legally binding for both parties.
There are many benefits to hiring a separation agreement lawyer to help draft a separation agreement. But there are also a few downsides as well. Weighing the pros and cons allows you to determine whether this is something you should do.
