According to RCW 26.09.070(3), amicable settlements are preferred to the adversarial resolution of property issues and the separation agreement is therefore binding on the parties, unless the court of first instance deems it "unfair" at the time of enforcement. In re Marriage of Little, 96 Wn.2d 183, 192, 634 P.2d 498 (1981). RCW 26.09.070(3) gives conjugal partners even more leeway to dispose of their property by contract and without judicial review. Nelson vs Collier, 85 Wn.2d 602, 610, 537 P.2d 765 (1975). Instead of simply breaking, a separation agreement could avoid costly litigation by creating a space for the couple to proactively review critical details of how federal and state taxes should be managed or who should pick up their child from school. If getting married was a conscious and thoughtful decision, separation should also be approached with special attention. (7) Where the separation agreement so provides, the adoption may expressly exclude or restrict an amendment to a support provision under the regulation. Unless you live in a state of community ownership (AZ, CA, ID, LA, NV, AZ, NM, TX, WA, WI), the court will NOT issue a separation agreement. Instead, the couple negotiates the details of their separation from each other and recalls this agreement in a document.

If the legal separation ends with the divorce, you can ask the judge to include part or all of the separation agreement in the final divorce judgment or divorce decree. Separation agreement is a general term used to describe a written contract that spouses enter into to resolve some or all of the problems arising from their marital separation. Thus, if one of the spouses refuses to sign a separation agreement, the other spouse cannot force the reluctant spouse to do so. Does legal separation protect your property? Legal separation has the advantage of simply moving and living separately. If legally separated, assets and liabilities are divided in the same way as in a divorce. Property accumulated by a party after the date of legal separation is the unique and distinct property of a person. A separation agreement may stipulate that maintenance cannot be changed. In the absence of such an agreement between the spouses, any maintenance may be changed and the court of first instance may not provide otherwise. In re Marriage of Short, 125 Wn.2d 865, 875-76, 890 P.2d 12 (1995). In Washington State, you can end up paying off a debt even if your spouse has been ordered to pay it. Under the final dissolution judgment, the court orders one or both spouses to pay all debts owed by the parties. This includes your mortgage, all car loans, credit card debt, utility bills, tax arrears, etc.

Even if the court orders your spouse to pay a certain debt, the creditor (the person to whom the debt is owed) can still come after you to collect all the debts of the community. You can`t stop the creditor from collecting from you by telling that person to pay your spouse. If your spouse doesn`t pay the debt and you end up paying it, you`ll have to sue your spouse in court to force your spouse to pay you back. If you think this could be a problem, you should be sure to check the "Indemnify" provision in the resolution form (paragraph 3.6, second box). Then, if you need to sue your spouse to force him or her to repay you the debts you paid, your spouse will also have to pay your attorney`s fees and expenses. You should NOT use a separation agreement if you do not know where your spouse is or if your spouse refuses to accept. Instead, a separation agreement is best used when both spouses have come to a mutual understanding of how they want to handle the "affairs" of living apart. Both spouses must sign the agreement VOLUNTARILY. 3. If one or both parties to a separation agreement, at the time of its conclusion or at a later date, apply to the court for the dissolution of their marriage, a decision on legal separation or a declaration of nullity of their marriage, the contract is binding on the court, with the exception of conditions that provide for a parental plan for their children: unless, after examining the economic situation of the parties and any other relevant evidence provided of its own motion by the parties or at the request of the court, it finds that the separation agreement was unfair at the time of its execution ....