Separation Agreement vs. Divorce: What You Need to Know

If you’re considering a divorce but want to ensure a fair division between both parties and need time to negotiate, a Separation Agreement is for you.

A divorce is final and legally binding. If you rush through the details and end up unhappy with the final decree, a Separation Agreement can help you avoid this. It allows you to “test the waters” of divorce with your spouse before making a permanent decision.

In some cases, a Separation Agreement can be a saving grace if there’s a chance of reconciliation. Living apart during the agreement period gives you time to rethink your decision to divorce. Through civil conversations, therapy, or simply letting the emotions of an argument pass, you might decide to mend the relationship and stay married. In such situations, you’ll be glad you opted for a Separation Agreement instead of filing for divorce because you’ll remain officially married and won’t need to remarry.

A Separation Agreement is particularly beneficial for those with complicated relationships involving asset division, alimony decisions, child custody, and parenting plans. Testing these arrangements during a separation can confirm their feasibility and fairness. The great thing about a Separation Agreement is that it’s available for free download on our website. You can have it signed by a notary officer at the Kadena Legal Office, Camp Foster Legal Office, or the Torii Station Legal Office.

If you have any questions about mutual agreement divorces between two US citizens, two US military members, or SOFA status personnel stationed on Okinawa, feel free to contact us anytime.