My husband has agreed to move out in September. Can I file the separation agreement prior to his departure? Also, can I add in the separation agreement that he has agreed to leave in September so that he will not change is mind about leaving.
You can come to agreements about the contents of separation agreement prior to the actual separation of the parties, but it is not advised to sign a separation agreement prior to the date of actual separation. Some agreements executed prior to separation have been found to be invalid so there may be issues with enforcing it later if you don’t wait to sign.