A marriage separation agreement is an important document that you and your spouse, as well as your respective attorneys, draft up at the time that you decide to live apart or end your marriage. It outlines a number of things, including the support that one partner will pay the other, child support, and how you'll divide large assets such as your home and investments. Most couples are able to agree to a mutually beneficial separation agreement and follow the document closely in the months and years ahead, but this isn't always the case. If you take issue with this document after the fact, speak to a family attorney and discuss contesting the agreement. Here are some reasons to contest this document.
You Signed It Under Duress
Unfortunately, you might have agreed to the outline of the separation agreement and signed it under some degree of duress. Perhaps your spouse wanted the agreement in his or her favor, and threatened you to go along with it. Your fear may have prevented you from speaking out for a period of months, but if you're now confident enough to have your say, you can fight back against the unjust nature of this agreement with the help of your family attorney.
It's Not Equitable
It's highly possible that you don't view the separation agreement as equitable. Perhaps you've been talking to a friend who has recently gone through his or her own separation, and the friend has encouraged you to seek a second opinion about your document. If you've taken it to a new family attorney, this legal expert may feel as though your initial attorney didn't represent you well. This can be a good time to contest the contents of the document in court and get a new agreement that is fairer.
It's Difficult To Follow
People often contest a separation agreement because they're upset about a part of it, but it's also possible to rework the document simply because it's difficult to follow. For example, if you've noticed that you and your spouse are struggling to follow the document in some manner — perhaps dividing the custody of the children according to the document's instructions — you may feel as though creating a new document with the help of your attorneys will provide a high degree of clarity moving forward. You can outline the parts of the current document with which you're each struggling, and get help to create a better structure for both of you.