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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36225
Experience:  Attorney with 16 years experience
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My husband and I created a separation agreement. Can we back

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My husband and I created a separation agreement. Can we back date it to the date that we actually separated? I live in CA my husband in FL (which does not have a legal separation process). But for CA I realize now that I need to file our agreement with the court. Our agreement is simple; we have no assets or children that we include in the agreement. so no disputes.
thanks
Debbie
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Can we back date it to the date that we actually separated?
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As long as you both agree to do so, you can make an agreement that is retroactively applied to dispose or distribute any assets or set out the details of the agreement. But technically you couldn't date it back to some point in the past if it is to be notarized because no notary will sign a backdated document (unless you are very good friends with them).
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So this might be difficult because in CA a separation agreement has to be notarized and witnesses by two witnesses. (unless you are really good friends with the notary and witnesses.)
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Thanks
Barrister
Customer: replied 3 years ago.

Isn't the separation agreement different from the form I need to file with CA superior Court? do I need to give the court our separation agreement?

A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. A marital separation agreement may be drawn before or after you have filed for divorce — even while you and your spouse are still living together. It is not a form document, it is a specifically drafted legal contract.
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When you initially execute a marital separation agreement you usually do not have to file the separation agreement with the court to be effective.

When and if you begin the divorce proceedings, you will attach the separation agreement to your divorce papers and ask the court to merge, but not incorporate, the agreement into the final judicial decree. If the marital separation agreement is incorporated into the decree, it becomes a court order and is enforceable by the court.
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Thanks
Barrister
Barrister and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks that was a good clarification.

You are very welcome. Glad I could help.
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Thanks
Barrister