Will a separation agreement protect me?

UPDATED: Oct 1, 2022

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Will a separation agreement protect me?

My husband and I have agreed to separate. The lease to our apartment is in his
name and not up for renewal until April 1st. He is leaving on his own accord. If
I type up a separation agreement specifying the dos and donts,including he can’t
come back to the apartment and take claim he lives here, and I have this
document signed by both of us and notarized, will this protect me?

Asked on August 5, 2018 under Family Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you and your spouse are considereing legal separation then I would suggest you go to an attorney and have one prepared.  You can agree to the terms and ask for a flat rate fee.  Yes, the agreements protect each of you but it is a contract and contract law applies.  So I want to be sure that the contract is properly prepared.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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