It is a good idea to have a Separation Agreement in place.
You are not required to have a Separation Agreement. However, it is a good idea to have one if you have any issues that remain unresolved with your spouse.
This will help you avoid a lengthy court process in which the Judge will have to decide things for you.
Verbal agreements between you and your spouse will not be enforced by the court. Only written agreements that are signed by both of you in the presence of a notary can be enforced.
A Separation Agreement, sometimes called a Property Settlement Agreement or Marital Settlement Agreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the agreement.
An agreement will clearly spell out the benefits you are entitled to and the obligations you have.
A Separation Agreement resolves all the issues and in doing so protects you and your spouse for the future. It answers questions such as: