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Seattle Arbitration: Separation Contracts

Upon filing for dissolution, legal separation, or declaration of invalidity of marriage, the parties may enter into a separation contract or seek Seattle arbitration. This contract may provide for maintenance for either party, property and debt distribution, parenting plan provisions, and child support. The provisions in a separation contract will be binding upon the parties at the time a final decree is entered unless the court finds that the contract was unfair to one party at the time it was executed (signed by both parties). In most cases Seattle arbitration or mediation may be appropriate to resolve disputes about the contract itself once it has been executed.

A couple may elect to live separately under the terms of a separation contract without filing an action if the contract is appropriately published under the conditions of the statute. A Seattle arbitration or a Seattle family law attorney from McKinley Irvin can apprise a couple of this process.

Entering into a written separation contract may be appropriate for parties who have reached agreements on the issues involved in their divorce before the divorce is finalized or the 90 day waiting period has elapsed. The Seattle arbitration process can effectuate this process, if necessary. This helps ensure that the oral agreements reached by the parties have a binding effect. However, there is a danger that one party might rush to make agreements early in the process, before that party has a clear idea of his or her rights under Washington State family law. Therefore, before signing a separation contract, it is a good idea to consult with a divorce or Seattle arbitration lawyer who can advise you of the contract's strengths and weaknesses.

Furthermore, keep in mind that the circumstances of your case at the time of separation may be very different six months later. Therefore, it is advisable to consider Seattle arbitration mediation provisions in the event of disputes after the contract is executed.

For specific statutory language on separation contracts, please see RCW 26.09.070: Separation contracts.

 

 

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