Separation Agreements or Court Orders?

Since the enforcement of a Separation Agreement is based on contract law as between the parties rather than a court order, it is important that the parties understand these differences and speak with an attorney about the best options for their particular situation.

Depending upon the particular needs of the parties, particularly as it relates to spousal support, child custody and child support matters, it may be important for the parties to consider having a consent order in addition to the Separation Agreement.

A consent order as it relates to the custody and support provisions in the Separation Agreement would then be enforceable by the court and may be modified by the court should the need arise in the future. Generally, these consent orders can be executed at the same time as the separation agreement and while a court action must be filed, it is a “friendly complaint” that basically gets the order before the judge to sign but the parties do not have to appear in court.