A separation agreement is a crucial document that outlines the terms of a relationship’s end. However, mistakes in its drafting can lead to complications that last for years. Whether it’s rushing the process, ignoring details, or attempting to go it alone, these errors are surprisingly common—and often costly.
Here are five common mistakes to avoid –
1. Rushing to Finalize the Agreement
The emotional toll of separation can make it tempting to wrap things up as quickly as possible. However, rushing often leads to oversights that create problems later.
For instance, one individual agreed to a division of assets without reviewing their partner’s full financial disclosures. A year later, it was discovered that the partner had hidden a savings account. Rectifying this issue required significant time and legal effort, highlighting the importance of taking the necessary time to review all details before signing.
Solution: Be patient and thorough. Ensure all assets and liabilities are disclosed and evaluated.
2. Overlooking the Fine Print
Separation agreements are legally binding documents, and any ambiguity can result in unintended consequences. When important specifics are overlooked, disputes can arise in the future.
Let’s say a couple fails to address what would happen if one partner moved abroad. And, years later, one party relocates to another country and ceases child support payments. If the agreement didn’t specify how jurisdictional issues would be handled, enforcing the payments will become a complex and costly process.
Solution: Ensure the agreement covers detailed scenarios, even those that seem unlikely. A well-crafted document prevents future disputes.
3. Vague Parenting Plans
When children are involved, separation agreements should prioritize their well-being through clear, detailed parenting plans. However, vague language often leads to confusion and conflict.
For example, if one agreement stated that custody would be shared but lacked specifics about daily responsibilities, holidays, and school breaks. This can lead to recurring arguments or prolonged legal battles.
Solution: Draft a comprehensive parenting plan that outlines custody schedules, holiday arrangements, decision-making responsibilities, and communication methods.
4. Failing to Plan for Future Changes
Life circumstances change, and agreements should include provisions for adjustments. Without this flexibility, a seemingly fair agreement can become unsustainable over time.
A notable example involved an individual whose spousal support obligations were based on an unusually high income due to overtime. When their workload returned to normal, they struggled to meet the agreed payments, but the rigid agreement didn’t allow for modifications.
Solution: Include clauses that allow for adjustments if financial or personal circumstances shift significantly, such as income changes or relocation.
5. Attempting a DIY Agreement
While it may seem cost-effective to create a separation agreement without professional assistance, this approach often results in incomplete or unenforceable documents.
Without proper legal guidance, important details—such as the division of pensions or other long-term financial arrangements—are often overlooked.
These omissions can lead to disputes down the road, potentially requiring costly and time-consuming legal battles to resolve. This outcome could be avoided with professional input.
Solution: Consult an experienced family lawyer specializing in Separation Agreements to ensure the agreement is legally sound and addresses all relevant issues, from financial matters to parenting arrangements.
Final Thoughts
A well-crafted separation agreement is essential for minimizing stress and ensuring a fair resolution. By avoiding these common mistakes, individuals can protect their interests and create a smoother path forward.
For those navigating a separation, seeking professional guidance can make all the difference in achieving a comprehensive and enforceable agreement. The effort invested upfront will pay off in reduced conflicts and greater peace of mind in the future.
