How is Marital Separation Agreement Different from Divorce?
Read on and know what makes marital separation agreement different from a divorce agreement.
A marital separation agreement is a contract that involves an arrangement whereby married partners can live separately, without any specific time-line for either returning or separation. It can be very instrumental in protecting a marriage from collapsing and heading for a divorce. Although this type of arrangement is often confused for a divorce, it is not actually so. Find out how marital separation agreement in California is different from divorce.
Marital separation agreement is mainly different from a divorce agreement in the sense that the couples are regarded to be still married, at least from the legal perspective. There is not still an end to their marital relationship, and there is the chance to return and restart the relationship. There is no exact date to when a spouse has to return, but the agreement is open ended and leaves room for rekindling of the marital relationship.
Helping spouses mend their ways
It is often that an intolerable ambience at home after marriage, possibly due to continuous disrespect or maltreatment at the hands of the partner, verbal abuse, mental or physical abuse, humiliation and other forms of abuse, makes one of partners like to escape the ‘confinement’. A marital separation agreement offers the chance to live separately for some time, and let the dust settle. Partners can understand the gravity of their actions and begin to mend their ways, such as by approaching a marriage counselor, opting for behavioral correction, undergoing therapy or addiction recovery programs and more.
Retaining the benefits
Unlike a divorce, where a relationship is formally ended and the responsibilities are shared between the two parties, partners in a separation agreement can still preserve the legal status of marriage and continue to enjoy social security benefits, medical benefits and insurance benefits. Separation may also be preferred over divorce due to cultural, social or religious factors that attach some stigma with a complete separation of married partners.
Lesser impact over kids
A marital separation has a slightly less effect on children than what a divorce does to them. Kinds are obviously aware of the agreement, when they find parents living separate lives and not living together any more. It can be hard on kids to find parents living separately after divorce, and having to adjust their lives as well. With a marriage separation agreement, they have a hope that the chances of reconciliation are better than in divorce.
Carl writes often about legal drafting and help You can find his thoughts at legal documents blog. For more information about a marital separation agreement in Oregon, please visit this website.