A separation agreement is a legally binding contract signed by a spouse and intended to resolve issues of property, debt and children. This can be a very complex and detailed document, depending on the unique situation of the marriage. Many spouses consult a lawyer to do so or decide to prepare their own. If you are applying for a divorce due to fault, there is no particular time you need to separate. However, you must prove fault by proving the offenses before your divorce is granted for this reason. 3. Same-sex marriage is the law, but same-sex divorce is a bit sticky. Many couples celebrated Civil Union law in 2012 by applauding to one another, but many were together decades before. “The longevity of the estate is not represented by the length of marriage,” says Jill Spevack DiSciullo of Morris James in Wilmington, which is why same-sex spouses should make preliminary agreements detailing the commons before their marriage.

In the event of divorce, these agreements recognize the equity of both partners in the succession. In the absence of a provision to the contrary in a separation agreement, an adverse change in the financial situation is not a valid defence against the specific performance of the agreement. “Dumel v. Dumel, Del. Ch., 213 A.2d 859 (1965). The agreement, merger or inclusion of the agreement of the parties in a court order does not resolve that agreement from its contractual nature. Unlike a prior finding of alimony, the family court cannot amend an agreement between the parties on maintenance in accordance with the legal standard “real and substantial modification”. Parents are not precluded from entering into contracts to assist their children, but they must not, by agreement, prevent the adequacy agreed by the parents of the assistance to minor children agreed by the parents from being reviewed by the courts.

Only if the parents` contract is compatible with the well-being and best interests of the child can the maintenance agreement have a dominant effect. In re Two Minor Children, 3 floors 565, 173 A.2d 876 (Del. 1961). The wishes of the children are also taken into account. In Delaware, judges can ask children 5 years of age and older to decide which parent they want to live with. The specter of a Kramer vs. Kramer showdowns often force parents to get a custody agreement.