The husband and wife agree that no debt or shared liability can be incurred from the date of this agreement. The husband and wife agree that each person is individually responsible for all debts he or she acquires after the date of this agreement. If and if you begin the divorce proceedings, you will attach the separation agreement to your divorce papers and ask the court to merge the agreement into the final judicial decree, but not to resume it. If the marital separation agreement is introduced in the decree, it becomes a court order and is enforceable by the court. If you do not include the separation agreement in your decree, it will simply become a contract or agreement between you and your spouse. In order to allow a court to verify, approve and associate an agreement reached by the parties, the parties must first present to the Tribunal the agreement or proof of the agreement. It is therefore preferable for the parties to abandon their agreement to ensure that there will be no further disputes over the terms of the agreement. Indeed, a court will not accept an agreement until all the essential conditions of the agreements have been clarified. See DeGarmo v. DeGarmo, 269 Ga. 480 (1998). In addition, the spouses must, in their transaction agreement, describe and effectively dispose of all the assets to which both spouses are interested.
Otherwise, the court`s final decree will not yield any of the parties to their interest in the property. Newborns av. Clay, 263 Ga. 622 (1993). This means that if the parties forget to assign the couple`s holiday home to a particular spouse, the court order will not do so. Thus, even after the divorce, the house remains the property of both spouses. This is why it is important to ensure that all interests of matrimonial property are addressed in the transaction agreement and properly distributed. See our article entitled “Marital Property” for a detailed discussion on the definition of matrimonial property under Georgian law. A separation agreement is a legal document that binds you together for many years and determines your rights, obligations and responsibilities from your marriage.