How is a separation agreement different from a prenuptial agreement?
Prenuptial agreements cannot cover issues like child support and child custody but a separation agreement can. Since a separation agreement is created with the knowledge that the parties will no longer be living together, it answers the following questions:
- Who will be living in the marital home?
- Who will be paying the bills and mortgage for the marital home?
- Who will get custody of the kids?
- How will the parenting time be handled for each parent?
- Will one spouse pay alimony to the other and if so, how much?
- How much will be paid toward child support?
- How will the assets be divided?
A separation agreement essentially does the same thing that a settlement agreement in a divorce case would do. In fact, if it is drafted correctly then the courts will oftentimes turn it into the divorce settlement agreement. It is extremely important that you get help from an experienced divorce attorney before you enter into any agreement.
Georgia requires a formal legal separation period of 30 days after the filing of the Petition or Complaint before the parties are eligible for a divorce. It is not necessary in Georgia to have a long formal legal separation before the divorce, so they are relatively rare and used only in specific circumstances.