What is the purpose of having a separation agreement rather than filing for divorce?
A separation agreement is a legally binding contract that may be drafted by a husband and wife considering divorce before either one files for divorce with the court. The benefit to entering a separation agreement is that if the parties agree to divorce each other and can settle any property, custody, support, or other issues amicably, the court will generally honor the wishes of the parties so long as the agreement is entered by both parties voluntarily and with knowledge of what is in the agreement. The added benefit is that the parties can make decisions on their own rather than having the court make decisions for them. A court will typically honor a separation agreement signed prior to the filing of a divorce unless there is some circumstance indicating that the agreement is not valid. Separation agreements are not always possible but are a good tool for couples who agree that they should separate and are able to settle many or all issues related to the pending divorce on their own
