A Separation Agreement is a legally binding contract created by spouses after marriage to resolve all outstanding marital issues in anticipation of divorce. It establishes the legal end of the parties’ relationship as spouses and sets out their rights and obligations after the divorce becomes final. In every non-adversarial (uncontested), no fault divorce in Massachusetts, the parties must submit a signed and notarized Separation Agreement to the Probate and Family Court for judicial approval.
Separation Agreements are authorized by statute—specifically M.G.L. c. 208 § 1A, the same law that created the Massachusetts uncontested no‑fault divorce process. Before a divorce can be granted, a judge must review the Separation Agreement and determine that it is "fair and reasonable."
Once the parties sign a Separation Agreement before a Notary Public, it becomes an enforceable contract. At the divorce hearing, if the judge finds the agreement to be “fair and reasonable,” it is incorporated into the divorce judgment and becomes both:
- a binding contract, and
- a court order enforceable by the court’s contempt powers.
If, however, the judge determines that the agreement is not “fair and reasonable,” the Separation Agreement is rejected, becomes null and void, and no longer has any legal effect.
Massachusetts law requires every Separation Agreement to address the following core issues:
|
We offer professionally prepared Separation Agreements that are easy to complete and fully compliant with Massachusetts law. Each agreement addresses all required topics and is available in either PDF or Word format. Pricing
To purchase a Separation Agreement, please send us an email. |
