Separation Agreement

March 29, 2009
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A mediator can assist a separating couple discuss and resolve the issues relevant to separation in a respectful and dignified manner. A mediator is not a judge and does not decide the outcome of your dispute. Rather the mediator assists you to explore your options, negotiate, and resolve issues in mediation.

A mediator is able to draft a separation agreement for you and your spouse. Once signed the separation agreement is a binding contract which describes all the issues you and your spouse discussed and the resolution or agreement made for each issue.

251732_agreement__signing.jpg If you and/or your spouse files for divorce, you may include your separation agreement and ask the court to recognize the agreements you already made.

A title company may require a separation agreement (among other documents), to take the name of one spouse off the title of the marital home.

Cash flow is often a concern when couples are separating. Some couples consider what it will cost for each of them to retain an attorney.

In my Maryland mediation practice, I am frequently asked how long mediation takes and how long it takes to draft a separation agreement. I explain it is variable depending on how much "homework" you do before you come to mediation and in between each session. It stands to reason, the more you are able to resolve on your own, the less time you will spend in mediation. The more information you are able to provide the mediator during mediation, the less time it will take to draft your separation agreement.


A couple who would rather preserve their assets, e.g., cash, retirement investments, and/or childrens' college fund need not spend it all litigating (hiring attorneys and arguing in court), the terms of a separation agreement. Many couples choose to split the cost of a mediator and save significant time and expense.