In some instances, both parties to a divorce have a shared understanding as to all of the issues that require legal resolution to terminate the marriage. When this occurs, the drafting of a separation and/or settlement agreement is the best path to follow. It avoids litigation, it can be completed on a fairly timely basis, it is cost-effective, and it can greatly reduce the emotional impact of divorce on all parties.
Settlement agreements and separation agreements are now used interchangeably to include both agreements entered into by couples contemplating a separation or divorce or no litigation has begun and also by couples resolving their differences during litigation. In either case, the purpose of the agreement is to avoid the expense of protracted litigation, the emotional toll on the parties, the children, and even the extended families, and the uncertainties that pervade litigation. Because such agreements are complicated, factually and legally, involve the resolution of myriad issues only some of which are financial, and involve very specialized legal concepts and language, the need for experienced attorneys to guide a party through negotiation and resolution of all of these issues and to ensure that the agreement as drafted embodies precisely what the client understands is their agreement, the services of an experienced matrimonial lawyer is indispensable.
Agreements between parties who do not imminently intend to marry are referred to customarily as “cohabitation agreements’.
Agreements between couples contemplating marriage who desire to avoid future confusion as to issues concerning support, distribution of property and debts.
Post-nuptial agreements are contracts between married couples who intend to stay married, however, desire to memorialize their intentions to avoid future conflict in the event of a dissolution of the marriage.
The Law Offices of Shari R. Gordon have helped people in Westchester, Putnam and Dutchess Counties and across New York State to obtain fair separation and settlement agreements tailored to their individual needs and priorities. If you are contemplating or faced with a separation or divorce issue our office can assist you to negotiate a satisfactory settlement or separation agreement, and ensure that the draft and final agreement embody exactly your understanding. We can thereafter arrange for Court approval and final resolution of your matrimonial issues in a timely and cost effective manner.