When you go through the process of a dissolution of marriage, the Ohio court will require that you provide a legal separation agreement. And because this is a collaborative effort between you and your spouse, you need to know how to review its accuracy and validity.
So, you will need to know what to look for when reviewing a separation agreement in Ohio to ensure it’s up to the court’s standards.
Keep reading to find out the different elements that make up a separation agreement in Ohio and the common mistakes you should avoid making.
Assets and Debts
One of the most important things you need to review in a separation agreement is the financial disclosure. Both spouses must accurately and transparently provide financial disclosure for all assets and debts.
The reason for financial disclosure is so the court can confirm the fairness of the separation terms. This also helps to provide transparency between the spouses, guaranteeing that one is not hiding or failing to disclose important financial information.
Here is an overview of what you need to look for when reviewing this section of the separation agreement:
- Real estate
- Bank accounts
- Retirement accounts
- Investments
- Additional property and assets
- Liabilities
- Loans and credit cards
- Any additional debts
Parenting and Child Support Terms
If you and your spouse have children, this can drastically change what your separation agreement looks like and how you need to review it. This is because the separation agreement will outline different parenting, child custody, and child support terms so that both spouses are on the same page.
You need to review this section to make sure it accurately reflects the terms that you and your spouse have previously agreed upon. You also need to do this to check for any issues that could potentially cause problems when the court reviews the agreement.
Here are some examples of parenting and child support terms you need to examine:
- Allocation of parental rights and responsibilities.
- The parenting time and visitation schedule.
- The details regarding child support.
- Medical insurance responsibilities.
Keep in mind that the court often prioritizes the parenting and child support term section of any separation agreement. So, you need to be especially careful when reviewing it to check for any missing information, inaccuracies, vague terms, or technical errors.
Spousal Support Provisions
Depending on the situation, your dissolution may include spousal support obligations for one spouse. If that is the case, the separation agreement will need to include spousal support provisions that clearly outline this.
To make sure these provisions are fair and valid, you need to review the following:
- The amount of spousal support
- The duration
- Whether it is modifiable or non-modifiable
Focus on identifying whether or not these details provide complete transparency so that there is no room for misunderstandings in the future.
Mistakes to Avoid When Reviewing an Ohio Separation Agreement
Now that you know how to review a separation agreement in Ohio, you should also be aware of the common mistakes to avoid making. Although reviewing an agreement can seem relatively straightforward, even the smallest mistake could result in the court not approving this document.
So, here are some examples of common mistakes you should keep an eye out for:
- Ambiguous language: For the court to approve a separation agreement, the language must not leave any room for misunderstanding. Because of this, you need to specifically look for any ambiguous language that lacks clarity or leaves important details out. For example, ambiguous language could include undefined responsibility, missing deadlines, or vague obligations.
- Future provisions: Certain aspects of the separation agreement need to include provisions for future scenarios. For example, spousal support obligations need to clarify whether these terms are modifiable or non-modifiable. Without these types of details, you are more likely to run into future disputes.
- Technical errors: Part of the reason why you need to review your separation agreement is to check for any small technical errors. Even something as simple as a page without both signatures could result in delays or the court not approving the agreement.
- Legal representation: A very common mistake Ohio couples make is not getting legal representation from an experienced separation agreement lawyer. Each spouse should to have their own lawyer, who will aid in the drafting process as well as review the final document. Having legal representation is essential for ensuring that the separation agreement is valid, completely transparent, and easy to understand.
FAQ Section
Can I make changes before signing?
Yes. Before signing an Ohio separation agreement, you have every right to make changes for any reason. However, keep in mind that both parties must mutually agree to these changes, so your spouse may also need to review the agreement after you have edited it.
What if I don’t understand part of the agreement?
You should never sign any legal document unless you completely understand its terms. So, if there’s anything that isn’t completely clear, you need to take additional time to review the agreement, ideally with the help of an Ohio family law attorney.
Can I challenge the agreement after it’s approved?
Although it is possible to challenge a separation agreement after it’s approved by the court, this can come with drawbacks. Challenging the agreement will only work in very specific situations, as many aspects of the agreement cannot be modified after court approval. That is why it’s so important that you work with a family law attorney when drafting and reviewing the agreement before filing it with the court.
Get the Help of a Separation Agreement Attorney in Ohio
Reviewing a separation agreement for an Ohio dissolution can feel overwhelming, especially when it comes to the more complex aspects of this agreement, such as the language used. That is why it’s recommended that you work with an Ohio separation agreement lawyer, who can assist you in reviewing this document before submitting it to the court for review. At Garretson & Holcomb, LLC, our family law attorneys in Ohio are here to help you with the entire dissolution process from start to finish. Contact us today at 513-863-6600 to get the process started with the help of a dissolution lawyer in Ohio.
