Separation Agreements Schedule a consultation

Manhattan Separation Agreements Lawyers

oNE OF THE Largest Matrimonial FirmS to Advise You on Your Separation Agreement

At Berkman Bottger Newman & Schein, we practice exclusively in matrimonial law. As a result, we have an intimate knowledge of the relevant separation laws and how to navigate the family court system. We are one of the largest family law firms in the area and have 4 different locations for your convenience. If you seek legal guidance on how to draft a separation agreement or how you might approach a divorce with a separation agreement, we can advise you every step of the way.

Call (212) 466-6015 or contact Berkman Bottger Newman & Schein online to get started.

What Is a Separation Agreement?

A couple that decides to live separate and apart but do not want a divorce may enter into a separation agreement. This is a written agreement that both spouses voluntarily sign (outside of the court) that will allow both of them to spend time apart. In other words, a separation agreement may grant the spouses time to discuss between themselves before going straight into a divorce proceeding.

A separation agreement can provide guidelines on several marital matters, including:

Note that spouses living separate and apart under a separation agreement are free to reunite at any time, though the agreement generally becomes invalid and void when the couple begins living together again with an intent to reconcile. However, the couple can establish otherwise in their separation agreement that it will not be void to start living together again and can only be invalidated by a second separate writing stating so and signed by both parties.

Separation Leading to Divorce

Spouses in New York may file for no-fault divorce, though if they have lived separate and apart under a written separation agreement and complied with the terms in the agreement for more than 1 year, they may obtain a divorce judgment without having to file traditionally for divorce. If the spouses seek to divorce without waiting out the 1-year separation period, they may submit their separation agreement and file for no-fault divorce. In such a case, the separation agreement will become part of the divorce judgment (called a merger).

In other cases, the separation agreement can survive as a separate agreement after the divorce judgment (called survival). In such a case, the agreement remains valid and is enforceable, separate, and apart from the terms of the divorce judgment. So, a court may not modify the separation agreement’s provisions regarding maintenance unless they show extreme hardship.

It is also possible for some parts of the separation agreement to be merged into the divorce judgment and other parts to survive the divorce judgment. However, standard practice is that the entire separation agreement is not merged into the divorce judgment and can therefore be enforced separately.

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DEDICATED MATRIMONIAL & DIVORCE ATTORNEYS PROTECTING OUR CLIENTS’ RIGHTS, ASSETS, & FAMILY

  • CREATIVE SOLUTIONS TO DIFFICULT & COMPLEX PROBLEMS

    All families and marriages are unique - our attorneys take the time to listen to our clients to fully understand the circumstances of their case. Only then do we advise the best legal option for their goals.

  • PROMPT RESPONSES TO INDIVIDUAL NEEDS AND INQUIRES

    Divorce is a time of transition. We understand the emotional and financial stress that clients experience during the divorce process – from day one our team ensures that we provide our clients with prompt feedback so that they are updated on their case every step of the way.

  • CHOICES AND OPTIONS TAILORED TO EACH CASE

    We are one of the only Manhattan divorce law firms offering all three options for divorce: litigation/negotiation, collaborative law, and mediation - providing custom strategies and solutions for our clients.

  • INDUSTRY THOUGHT LEADERS DEDICATED TO YOUR SUCCESS

    Our attorneys provide frequent expert legal commentary for national media outlets and have been quoted in numerous publications including Fox's Business, NBC News, ABC News, CBS News and many more.

Let Berkman Bottger Newman & Schein Help You

If you have legal questions about drafting, modifying, or merging a separation agreement, our attorneys can help you. We exclusively practice family law and have a deep, professional knowledge of how to navigate the family court system. You can trust that our firm is well-equipped to handle your separation agreement negotiation, especially if it proceeds to divorce, as we uniquely specialize in all 3 different processes for divorce.

Contact us online or at (212) 466-6015 to discuss your legal options today.

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