child support;
or • The spouses did not consult separate lawyers.
Do I need a lawyer for a separation agreement?
You should see each see a different lawyer about the separation agreement. Seeing your own lawyer is called getting independent legal advice. The same lawyer should not advise two people with different interests. If you do not receive independent legal advice, you may not be aware of all of your rights and your agreement may not stand up in court. Your lawyer will explain how the agreement may affect you. If your lawyer advises you not to sign, that is not just a suggestion. It is a serious warning. Do we have to live in different homes to be considered “ separated ”? No, it is possible for people to live in the same house or apartment and yet live separately if each person leads an independent life. You must no longer perform any functions normally expected of a married couple such as eating and socializing together. This includes having separate bedrooms and not having sexual relations.
Do we both have to agree to the separation?
Both people do not have to agree to the separation. When one person leaves a relationship with the intention of ending the relationship, the couple is then separated, whether the other person wants to be separated or not. 22
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