Beware of separation agreements

Yes dear reader, I am going to address separation agreements. I agree it is not a topic of fiction, but it is relevant if you have separated or are thinking of separating and ultimately will be entering into some form of separating agreement.

I know it is a legal topic.

I can hear you say why then are you writing about it on this very blog?

Well because I have written a story titled "Skinned" which was published in the Quadrant earlier this year, which deals indirectly with the issue separation agreements.

I don't want to give the story away, as I do not want to ruin it for anyone who has not read it but wants to do so. But if you are in that unfortunate situations where you and your partner have legally separated and are going down the path of signing a separation agreement (in Australia they are usually referred to as consent orders or binding financial agreement), you would do well to get a copy of the story and read it.

If you cannot get the story I give you some tips to remember when reading a proposed separation agreement or when you are giving instructions to your divorce lawyer to draft a separation agreement:

• Make sure you are very specific about what it is you want (for example nominate the registration of the vehicle; give bank account numbers etc.).
• Make sure there are specific time lines set (ie to do something within so many days/weeks/months);
• Make sure there are default clauses (for example if you are supposed to be paid a specific amount of money make sure there is an order that states what is to happen if you do not get paid that amount of money when you should).
• Never have an order that says the parties will 'agree to do x', unless there is a clause that deals with the eventuality of you not agreeing.
• Never have an order that is vague. 

Last, but not least, make sure you do not agree to anything in a hurry or if you feel you are being pressured into something. It is always best to take a step back and take a day or so to think things over as opposed to rush into them.

Good Luck.

View over Gundagai NSW Australia (can you see the dog on the tucker box?)