Q: My wife asked me to sign a separation agreement. Should I sign?
My wife has asked me to leave our homestead due to marital issues. She stated it would be a break from each other while going to marital counseling. We have two children under 13 years old and she is letting me still pick them up from school and take them to our homestead (rented) and stay with them until she gets home. Once home she wants me to leave and not sleep there or be present on the weekends unless previously discussed. Initially it was a verbal agreement and I agreed in the hopes of possibly resolving our issues and staying with her. As the date for me to leave nears, she emailed me a "Separation Agreement" that she wrote up detailing the verbal terms of our agreement. The document also outlines bill responsibility in which she is taking over all payment for utilities and rent. She also outlines that we will now be living separately amongst other details. No mention of divorce has been talked about. If I sign this document, will I essentially be signing away my rights to the
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In this situation, it is strongly advised that you do not sign the separation agreement without first consulting with a qualified family law attorney who can review the document and advise you on the potential legal implications.
Here are a few reasons why:
1. Legal rights: Signing a separation agreement could affect your legal rights regarding property division, child custody, and support obligations. An attorney can ensure that your rights are protected.
2. Unintended consequences: The agreement may contain provisions that could inadvertently waive or limit your rights, even if divorce is not currently being discussed.
3. Enforceability: If the agreement is not properly drafted or executed, it may not be legally enforceable, which could lead to disputes down the line.
4. Future implications: While the agreement may seem acceptable now, it could have unforeseen consequences if your situation changes or if divorce proceedings begin.
5. Verbal agreements: Verbal agreements can be difficult to enforce, so it's crucial to have a clear, legally sound written agreement if you decide to proceed with a separation.
Remember, a separation agreement is a legal document that can significantly impact your rights and obligations. It is essential to seek professional legal advice to ensure that your interests are protected and that you fully understand the implications of the agreement before signing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
