Will a separation agreement protect me?

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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

Answers:

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

Answered 3 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.


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