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Future dating a Separation Agreement

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Anonymous Asked:

I am currently working on my separation agreement and am very close to having it completed. I will be bought out of my portion of the home but I do not plan on moving out and actually severing our joint accounts until May 1st. Can we both sign the agreement say March 1st for a separation date of May 1st? We will both need to apply for financing for mortgages and require the document in order to do so.

Expert Comment:

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The separation date is the date upon which one of the parties advises the other that the relationship is over. You are separate and a part as of that date.

What you are referring to is the fact that there is a delay in the physical separation. That is fine. People can be separate and a part and under the same roof.

You should have the Separation Agreement prepared by legal counsel in order to make sure the bank will extend you the financing you are seeking. Many banks will not accept agreements drafted by parties on their own.

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