What is a Separation Agreement?

The document which both parties sign resolving all issues in a divorce or dissolution, presuming both parties agree, is called a “Separation Agreement.”

A lot of people commonly misunderstand this term. Many people think that a “Separation Agreement,” refers to the agreements the two parties make upon physically going their own ways, prior to a divorce happening or being completed. This is a common misperception. It is actually one of the final documents that is put together to reflect the result of the negotiations of the two parties. This document can sometimes takes months of negotiations between the parties and their attorneys to finalize.

This “Separation Agreement” will be incorporated by reference into the Decree. In other words it becomes part of the final order in the divorce by means of the decree “referencing” it or referring to it in the decree.