Many couples write their separation agreements to save attorney fees and time in the courts. Separation agreements are legally binding and hold until final divorce papers are issued. The separation agreement can be incorporated into your divorce agreement if the terms are still acceptable to both spouses. However, there are times that property status or situations change. In such cases, couples can change a separation agreement.
How to Change a Separation Agreement
Take a monthly inventory of personal and real property. Compare this inventory list to the list in the separation agreement. Write down any changes.
Decide if there are any parts of the original agreements that need to be changed. For example, if you have completed paying off a credit card, remove the clause or section that covers that payment.
Type up the new changes you want to make to the separation agreement. Title the document, Amendment to Legal Document XXX. In the XXX, put the date and name of the original separation agreement.
Contact your spouse to let her know you would like to amend the separation agreement. If she is not agreeable to making amendments to the agreement, you will have to contact your spouse's representing attorney.
Set a meeting time with the spouse. Both parties sign and have the new separation agreement notarized by a licensed notary. If the other person isn't willing, you sign the agreement and have it notarized.
Make three copies.
File one copy with the document of deeds office at the local court house. Each person should keep a copy of the new agreement. If you are the only one to sign the agreement, file one copy with the representing attorney, keep one copy for yourself and send the third copy to the spouse.