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The separation of property may refer to present or future property or both and it may be total or partial separation. In the latter case, the property that was not agreed upon to be separate, shall pertain to the absolute community of the spouses.
Non-marital property may include property either spouse: Acquired before the marriage; Inherited during the marriage; Received as a gift during the marriage; or. Acquired after a decree of judicial separation.
A separation agreement must be entered into freely, fairly and voluntarily. If it can be proven that there were physical, verbal or psychological threats during the negotiating and signing of the terms, the agreement may be thrown out by the Courts.
Once the court establishes a need for support, the judge will evaluate the following factors to determine the type, duration, and amount of support: the length of the marriage. each spouses ability to pay, age, employment history, and employment potential. both spouses income history and income potential.
General support is usually awarded to a spouse with substantially less income potential than the other spouse in order to maintain a certain standard of living. In most cases, courts will award general spousal support only when the marriage lasted longer than ten years.
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For instance, if the husband bought the house in his name and the wife takes care of the house then it would be assumed that both the spouses are equal and joint owners of the house. Eventually, in case where spouses decide to separate then the shares of the property will be equally divided among the spouses.
separation, in law, mutual agreement by a husband and a wife to discontinue living together. A legal separation does not dissolve the marriage contract but merely adjusts the couples obligations under it in light of their desire to live separately. Practically, however, separation is often a prelude to divorce.
While separated, you are still considered married and any sexual relations with someone who is not your spouse is adultery if it occurs before you are divorced. Any dating clause you include in your separation agreement will not change this.
All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of coownership such as joint tenancy, tenancy in common, tenancy by the entirety or community
It is a legally-binding contract and both partners must adhere to the conditions within it. However, a separation agreement may be invalidated if it can be proven that it was not created fairly. Typically, this occurs if one partner knowingly tricks or threatens the other in order to gain an unfair advantage.

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