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A key best practice for separation agreements is to bring one to the pre-trial conference if possible, although it's not always feasible. It's important to understand the mechanics of creating a separation agreement. The aim is to avoid going to trial. Drafting a separation agreement early can be beneficial as it allows for a clear presentation of terms when nearing a settlement. Instead of just offering bullet points or a letter, sending a draft separation agreement can facilitate dialogue by stating your client's position while inviting revisions from the other party. This approach helps to encourage negotiation and find common ground.
