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should I start my own separation agreement

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  • should I start my own separation agreement

    So STBX want to separate civilly. She retained her own lawyer. I provided all financial data. Lawyer is in the process of drafting separation agreement.
    By law, how much time do I have to review it? I know the 30 days for serving the paper. Should I retain a lawyer and start drafting my version of the separation agreement?

  • #2
    Strongly recommend that you should have a lawyer review the agreement before signing it. So it may be helpful to retain one now, in order for you to clarify your own position/needs/wants - without actually spending $ on drafting your own.
    Not sure about the timing, sorry.

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    • #3
      Drafting a second separation agreement while one is in the works doesn't make a lot of sense.

      What you could be preparing, in anticipation of adding it as a schedule to the separation agreement, is your proposed parenting plan for the future which would specifically address not only the individual holidays, but also religion, educational plans, etc.

      A typical lawyer prepared separation agreement will deal with the financials, custody and child support, equalization, pensions, etc. but won't delve into the finer details of parenting so you may both parent amicably post separation.

      And of course, as dinky suggests above, once you have the first draft separation agreement, you should be retaining your own counsel to review and advise.
      Start a discussion, not a fire. Post with kindness.

      Comment


      • #4
        What you could do is make a draft of what you want reflected in the agreement so when you receive hers you can make changes or add things and counter. No point rewriting the entire thing when a lot of it will be standard legaleze.

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