Second Look at Separation Agreement


#1

I was wondering if I should get a second lawyer to review the draft Separation Agreement my wife and her lawyer drafted up. She has told me what is in it and it sounds generally reasonable. We are, in the near future, going in to review the documents. Is her lawyer required to give me truthful answers and explanations of items in the document? Also, if items within the document are marked for a certain period of time, is that going to be exact … for example, due to military service this coming year, I will only be physically able to see my children for two weeks … if it stipulates that visitation/custody will be re-established after the separation period … is that legit? My fear is that they will try to pull a fast one on me to keep me away from my children.

Thanks for the help.


#2

Her lawyer cannot ethically explain anything in the agreement to you, I recommend you consult with your own attorney prior to signing anything.


#3

I had my separation agreement written by a lawyer, and he still omitted things. Things I wasn’t even aware of and wish I had been. We didn’t address who could claim the children on their taxes so she gets to, because they live more overnights with her than with me. It was stated “I pick up the kids and drop them off again” which was no big deal when I lived 8 miles away, but is a pretty big deal when I now live 180 miles away and she throws up that clause in my face. I’d say another set of eyes on it , and a third, and a fourth… and a lot of education on your part as to what is and is not possible, can’t hurt. There are things you can put in separation agreements and custody agreements that I never knew were possible till it was too late, and a slight phrase that seems innocent can bite you later when it is too late and you have signed it.