If you enter into a «separation» agreement (detailed in more detail in question 8) without submitting it to the court, it is a contract between you and your spouse. This is not a court order. While it may not be a bad idea to have a contract, it can be difficult to impose it; Therefore, you will probably want to submit your arrangement to the court and ask the judge to order you and your spouse to obey him. According to the Civil Code, there were only two reasons for legal separation: This clause will determine the issue of custody of the children. The party that will keep the child or children after separation. This clause solves the problem of the child`s financial investigation. Then the separation agreement may say that after the divorce is stopped, it will survive as a separate agreement. This is called survival. Where a separation agreement was a divorce order, the agreement will remain valid and can be implemented, separately and separately from the provisions of the divorce decree.
In such circumstances, a court cannot change the maintenance provisions of the separation agreement unless the person requesting an amendment is «extremely harsh» and it becomes more difficult to amend the child support provisions set out in the separation agreement. If you divorce, you and your spouse can enter into a written separation agreement that sets out how issues related to the end of your marriage are handled. The agreement should concern custody of the children, parental leave or visits, assistance to the children, your help (alimony), division of your property (including pensions), passage from the marital home, including the owners of the property, who will live in the marital home, divide up your debts and remove the name you had before your marriage. A separation agreement is only good if both spouses sign it. It is normally part of the divorce order. A mensa et thoro is a legal Latin expression meaning «table and bed», often translated as «bed and board», in which «board» is a word for «table». Separation a mensa and thoro is essentially a separation that is sanctioned by a court order, which means that the spouses can live separately legally, but they are still legally married. The legitimacy of a future child born to the couple remains intact and the spouses must not remarry legally. This type of separation allows the couple to live separately without fear of being tried for «desertion». (In some jurisdictions, demonstrable «desertion» is a legal basis for divorce.) A model separation agreement between spouse and husband in India is attached below. It is now clear that the chances of applying a separation agreement are rarely possible. If, in the eyes of the law, a sheet of paper has no value, why think of such an agreement? This question might come to mind.
It is therefore our duty to respond. It`s especially important to seek legal advice from a lawyer if your separation is causing problems, for example, if one of you is much richer than the other, or if your ex-partner is harassing or bullying and putting pressure on you to sign an agreement. It may be best to represent yourself if you and your spouse do not disagree on a topic, the reasons for the divorce, or custody or support. It may be especially appropriate to represent yourself if your spouse is representing himself or herself and you are sure that none of you will challenge any aspect of the divorce. It is very difficult to represent yourself if your spouse has a lawyer. A separation agreement is a simple solution. Be careful, it also has its effects! There may be situations where a separation agreement can be used as a ground for cruelty. And cruelty is in itself a ground for divorce. .