HOW TO TELL IF YOUR SEPARATION AGREEMENT IS VALID

HOW TO TELL IF YOUR SEPARATION AGREEMENT IS VALID, by New York Divorce attorney: www.mynewyorkdivorcesattorney.com
1) The agreement must be in writing (Statute of Frauds)

2) The parties must sign the agreement
3) The agreement must be filed with the county clerk
4) The agreement must provide a provision that the parties were informed about the provision of the Child Support Standards Act (”CSSA”)
5) The agreement expressly gives the party the right to live separately and apart from each other.
6) Also, provision regarding maintenance must be “fair and reasonable” and “not place a party in jeopardy of becoming a public charge.”
7) Ditto for child support. The agreement must make provisions for their care and support and this must be in compliance with the CSSA
8. CRITICAL: The agreement must be signed, notarized and acknowledged like a deed.

Originally published 2/17/09