A smooth separation is possible when the two divorcing parties agree to the settlement terms. However, when one partner decides not to sign the agreement, the process gets bumpy. In such a case, ending your union becomes quite tricky, and this is where a divorce lawyer comes in. Here is everything you need to know about separation agreements and what to do when your spouse doesn't sign them. 

Understanding the Separation Agreement

If you decide amicably to end a marriage, you'll need to draft and sign an agreement. In a separation agreement, you and your spouse decide how to share finances, support the children and divide the assets. 

However, you can still get a divorce without separation agreements. But divorce lawyers advise divorcing couples to create an agreement in order to make the process less complicated. Since the document is legally binding, both parties must sign and adhere to it. 

When Your Spouse Refuses to Sign

You can take legal actions against your spouse if they decline to sign the agreement. They can hesitate to sign the document if they feel like you want to control them. Luckily, your attorney will advise you on alternative routes to settle the issues. 

For instance, the lawyer may suggest mediation or more negotiations. With mediation, you get a third party to resolve the issues. They are neutral and help each party to air their grievances. Mediation is the best option if you are both willing to compromise and move on with separation. 

The Importance of the Agreement

If your spouse still refuses to sign a separation agreement, you must protect yourself. Remember, this could be a trick to diminish your marital property by overspending and overindulging. 

Of course, an agreement would protect your assets to ensure a comfortable life for the children after the divorce. But without an agreement, you could lose everything you owned in the marriage before the divorce is finalized. 

As such, you need to take specific steps to protect yourself. Gather your bills, tax records, and financial statements. Figure out your expenses and keep track of them. Also, track any debts, your credit report, and any joint debts. Keep in mind that the court needs a precise amount in the estimate when asking for spousal support. It is also important to note the properties you jointly own and ensure you estimate their value. The court will equitably share everything during the divorce. 

If you have issues with a separation agreement, it is time to seek the help of a divorce attorney. They can help you get out of your marriage with a fair share of your marital property and the financial benefits therein.