A separation agreement must be voluntary. Neither party may be forced or obliged to sign such an agreement. It is important to understand that a separation agreement is not a court decision and that the court will not compel your spouse to respect the agreement using the court`s contempt powers. To ensure compliance, you can sue your spouse for breach of contract if he violates the separation agreement. Talk to experienced family lawyers from Haas Associates, P.A. to guide you through the legal process of developing, verifying and negotiating a separation contract or if you or your ex-spouse is currently violating a separation agreement. Marital conventions are civil, so Catholic canon law does not exclude them in principle (for example. B to determine how property is distributed among children in a previous marriage after the death of a spouse). A treaty is a treaty: people must respect any agreement they make. However, if the Common Law partners do not agree or refuse to respect anything in the treaty, they can go to court to settle their differences. Partners with children can usually benefit from free mediation sessions. Recently, a movement has developed in some modern Orthodox circles to support an additional marital agreement.
This is a reaction to a growing number of cases where the husband refuses to grant a religious divorce. In such cases, local authorities are not in a position to intervene, both for the sake of separation of church and state and because some halachic problems would arise. This situation leaves the woman in a state of aginut where she cannot remarry. To remedy this situation, the movement promotes a marital agreement in which the couple agrees to file their divorce, should it occur, before a rabbinical court. In 2015, the U.S. Supreme Court granted same-sex marriage the same legal basis as same-sex marriage, in the case of Obergefell v. Hodges (decided June 26, 2015). The consequence of the Supreme Court decision is that a pre-marriage contract entered into by a same-sex couple in one state is enforceable in the event of a divorce in another state.  The couple may wish to file the separation contract with their district office where one of the two persons lives.