Do Both Spouses Need to Sign a Separation Agreement?
A legal separation may be sought by a couple who wish to stay legally married to protect significant religious, financial, social or legal interests. Many times a separation agreement is entered by the parties and the date of separation is provided. The agreement needs to be signed by both spouses. It is possible to file a separation agreement without hiring an attorney. However, when there are issues in dispute, it is recommended to be represented by an attorney. The court will generally enforce a separation agreement as long as it's not unfair to either party. South Carolina law does not provide for legal separation as such. However the spouses can enter into agreements to divide their property, and have these agreements approved by the Family Court. Under some circumstances, South Carolina law also allows a spouse to obtain support payments during a period of separation.The separation agreement may be incorporated into the final divorce decree.
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