A separation agreement may also say that some parties are incorporated into the divorce decision, but other parties survive the divorce decision. However, the common practice is that the entire separation agreement would not be reflected in the divorce decision, but would survive the divorce decision and could therefore be enforced separately. While in a separation agreement you can make generous arrangements for children and try to decide custody and access issues, you should not limit or avoid your obligations to help your minor children. Remember that issues relating to custody, access and assistance to children can still be reviewed in court and can be appealed when circumstances require change. As part of the separation agreement, you and your spouse can decide on a number of important issues, for example.B. On the subsistence of the child and the maintenance of the spouses (alimony). As with other marital agreements, a written separation agreement clearly defines the rights and obligations of you and your spouse, both during and after your separation. If one spouse fails to comply with the obligations arising from the separation agreement, the other spouse may enforce the separation agreement through the courts. If you and your spouse decide to live separately and separately, but you don`t want to divorce, you can make a separation agreement. A separation agreement is a written agreement that you and your spouse voluntarily sign without involving the court. Often, a separation agreement can give you and your spouse the time you need while you try to fix a marriage that could break down.

If you and your spouse start living separately and separately as part of a separation agreement, you can find yourself at any time. A separation agreement usually becomes invalid and void if you return to the intention of reconciling. However, your separation agreement may stipulate that it is not void if you revisit together and will normally have a provision stating that you can cancel the agreement by a second separate writing, in which it states that your separation agreement is invalid, void and signed by both spouses before a notary in due form. If you and your spouse are divorcing, there are several things that can happen with the separation agreement, depending on how it was written. First, the separation agreement could say that it will be part of the subsequent divorce decision. This is called fusion. When a separation agreement provides for them to move to the divorce decision, the separation agreement after divorce no longer exists as a separate and enforceable contract and can be changed more easily. Most importantly, especially when there are minor children of the marriage, a separation agreement allows you and your spouse to work out details of custody and visitation in advance, as well as to provide family allowances and supplements to child maintenance (“add-ons”) such as health insurance, education and childcare. . . .