Abigail is eager to dissolve her marriage to Ronald in as ...

[folubunmi]

Abigail is eager to dissolve her marriage to Ronald in as friendly a manner as possible. Her attorney has suggested that the parties enter into a separation agreement. Abigail agrees, but is afraid from past dealing with her soon-to-be ex, that he will not follow or live-up to the terms of the agreement and she will have no recourse. What should her attorney do to try and remedy this potential problem?
 
  What will be an ideal response?

Question 2

Typical separation agreement provisions that address children's issues will probably not include:
 
  a. A regular visitation schedule.
  b. A clothing allowance.
  c. Medical insurance coverage.
  d. Transportation responsibilities.

[fwbard]

Answer to Question 1

The separation agreement is a contract between the spouses. The language of the agreement will indicate if the parties want the agreement to survive as a contract or if the parties want it merged into the court's decree. If the agreement survives as a contract, the agreement cannot be modified unless both parties mutually consent. In the event that one of the parties fails to comply with the provisions of the agreement, the aggrieved party will be left with the traditional contractual remedies such as breach of contract and specific performance. If the contract agreement is merged instead into the court's decree, the merger is no longer a contract between the parties, but rather a court order, which can be modified or enforced through contempt of court proceedings. Abigail's attorney cannot guarantee the defendant spouse's compliance with the agreement, but if he drafts the document using verbiage that merges the agreement, at least her spouse can be held in contempt for noncompliance.

Answer to Question 2

b

[folubunmi]

Thanks for the timely response, appreciate it

[peter]

Excellent