Memorandum of Separation Agreement


#1

Here’s what I found on the “Memorandum”:
“Do I have to file my separation agreement with the courts?
No, the separation agreement does not need to be filed with the courts for it to be a binding contract. However, if you wish to purchase property during the separation period without needing your spouse’s consent, you must file a Memorandum of Separation Agreement, which is a condensed version of your separation agreement containing only the equitable distribution information.”

I don’t believe the details of a separation agreement are made public other than what is stated above for purposes of purchasing property. I believe that the actual separation agreement, if it is an agreement on file would be public record but probably not the details. Hopefully, and attorney will respond on this…
If you are still living in the same residence, regardless of sharing a bed or room, you are NOT separated. Your one year one day separation requirement to file for divorce will not start until one of you move. You could have the date changed on the current agreement so that it will be valid for when the separation starts but you will need to re-file that with the courts if the original document has a invalid date of separation on it.


#2

Is a Memorandum of Separation Agreement the same as a Separation Agreement or is the Memorandum just to notify the public and the Separation Agreement is the legal document? Is the Separation Details Public? Also, is a separation null and void if the parties are currently living together? Thank you