LES WALLERSTEIN
Divorce Mediator & Counselor at Law
“Agree, agree, the law is costly.” Fables of Aesop
SEPARATION AGREEMENTS
A separation agreement is a contract designed to settle all outstanding marital issues, drafted after marriage in anticipation of divorce. It defines the legal end of the couple’s relationship as spouses and determines their post-divorce rights and obligations. Before any couple is granted a non-adversarial, no-fault divorce in Massachusetts, their signed, notarized, separation agreement must be submitted to a probate and family court for approval.
Separation agreements are recognized by statute- the same statute that created the Massachusetts non-adversarial, no-fault divorce (Massachusetts General Laws Chapter 208, Section 1A). A judge must find every separation agreement to be “fair and reasonable” before any divorce can be allowed.
Parties to divorce sign separation agreements before they are submitted to a court for approval. From the time it is signed until it is “heard” in court, a separation agreement is an enforceable contract. When a judge finds a separation agreement to be “fair and reasonable” at the hearing of the parties’ divorce, the agreement rises to the level of a court order.
After a separation agreement has been found to be “fair and reasonable” in court it continues as an enforceable contract AND as a court order. If a judge determines a separation agreement is NOT “fair and reasonable” the separation agreement will be rendered null and void, and no longer exist as an enforceable contract.
1620 Massachusetts Avenue l Lexington, MA 02420-3802 l Phone: (781) 862-1099 l wallerstein@socialaw.com
CAUTION: The law is constantly subject to change. While the legal information contained here is frequently checked for accuracy, please consult an attorney before relying on it. Furthermore, virtually all laws relating to families and domestic relations are state laws. Despite some similarities, there are significant differences between the laws of different states. The legal information contained in this web site is based only on Massachusetts law.