Can we decide ourselves how to divide our property?
Spouses are encouraged to resolve as many issues as
possible. One way to do this is by a written agreement (called a
"separation agreement") indicating how matters should be handled if
the marriage ends. The separation agreement is a contract listing and
describing the spouses' decisions about ownership of real estate, dividing
property, financial support and, if children are involved, even issues of
custody and parenting time. In a divorce case, the court must accept the
separation agreement (except for matters about custody, parenting time and
support of children) unless it is unfair.
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